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SEP172024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
The Director determined that the Petitioner is an individual of exceptional ability and therefore qualifies for the underlying EB-2 visa classification. Thus, the remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver. The Petitioner is an entrepreneur in the field of information technology who proposes to build…
SEP172024_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
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The Petitioner, a citizen of the Republic of Georgia (Georgia), indicated on her VA WA petition that she had only ever been married to her abuser, R-B-. 1 In support ofher VA WA petition, the Petitioner submitted a copy of her 201 71 Imarriage certificate to R-B-. The Director issued a request for evidence (RFE) informing the Petitioner that on her nonimmig…
SEP172024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
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The Petitioner proposes to work as an executive or similar high-level managerial position in the financial sector. The Director concluded that the Petitioner qualified as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the requireme…
SEP172024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
The Director found that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree.2 We agree that the record supports that determination. The issue on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the na…
SEP172024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to work as a Logistician with IT skills. In response to the Director's request for evidence (RFE) the Petitioner provided a business plan in which he outlined his…
SEP172024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
As a preliminary matter, we emphasize that the Petitioner has not appealed the October 19, 2022, denial ofthe Form 1-140 itself, but rather the Director's subsequent dismissal ofher combined motions to reopen and reconsider dated January 12, 2024. In the January 2024 decision, the Director concluded that the motions did not meet the applicable requirements.…
SEP172024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
The Director determined that the Petitioner qualified as an advanced degree professional, but did not establish his eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not established eligibility for a national interest waiver under the Dhanasar framework, and dismiss the…
SEP172024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
The Petitioner's proposed endeavor is to develop an IT infrastructure and database consulting and outsourcing services firm providing on-premises server administration outsourcing, data backup and recovery, IT help desk and user support outsourcing, technical support for cloud outsourcing, and network design and configuration outsourcing. In his business pl…
SEP162024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
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The Petitioner states that he is an established media and communication professional with nearly 20 years of experience. He began his career as a journalist in China where he focused on news in the automotive industry. The Petitioner joined I Ia Chinese internet media company , as director of the "Auto Channel." The Petitioner states that while with he cont…
SEP162024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The issues on appeal are whether the Petitioner has established eligibility for the underlying EB-2 visa classification and, if so, whether she meets the criteria for a national interest waiver. We have reviewed the record, and for the reasons discussed below, we conclude that the Petitioner has not established eligibility for EB-2 visa classification and t…
SEP162024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The Petitioner states that it is a full-service restaurant employing 18 people. The Petitioner filed the underlying petition on behalf of the Beneficiary seeking new employment and change of status. After initially approving the petition, the Director notified the Petitioner of USCIS' intent to revoke the approval of the petition with a notice of intent to…
SEP162024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The Director determined the Applicant, a citizen of Mexico, was inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact, and the Applicant, who is seeking adjustment of status, therefore filed this Form 1-601 to waive his inadmissibility. In denying the Form 1-601, the Director determined that the Appl…
SEP162024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
Before the Director, the Petitioner claimed he met eight ofthe regulatory criteria. The Director decided that the Petitioner satisfied four of the criteria relating to published material, judging, display of the Petitioner's work, and performing in a leading or critical role. But the Director concluded he did not satisfy the criteria associated with prizes…
SEP162024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
A. The Petitioner meets the EB-2 requirement, and his proposed endeavor has substantial merit. The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director also determined that the Petitioner had established that the proposed endeavor met the substantial merit portion of the first prong set for…
SEP162024_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The Petitioner seeks to employ the Beneficiary in the position of "advisory manager." The Petitioner designated the proffered position on the certified labor condition application (LCA) as "Management Analysts" with Standard Occupation Classification (SOC) code 13-1111. The Petitioner states that the position requires a bachelor's degree or higher in comput…
SEP162024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
A. The Proposed Endeavor
The Petitioner, a citizen of Brazil, states that his proposed endeavor is to provide his expertise and insights to the United States to serve as a journalist specializing in investigative research and the creation of informative articles and news pieces on critical social issues including education, housing, health, poverty, crimina…
SEP162024_03D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
A. General Degree Requirement
The Petitioner is offering the Beneficiary the position of creative operations associate. The petition included a labor condition application (LCA) certified for a position located within the "Market Research Analysts and Marketing Specialists" occupational category corresponding to the Standard Occupational Classification code…
SEP162024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The Petitioner intends to come to the United States to conduct her proposed endeavor as a "General and Operations Manager." She states she will work for an "Auto Parts Wholesaling Services firm" that is "planned to be headquartered in Florida." Specifically, the Petitioner proposed she would "steer the enterprise" utilizing her prior experience "in internat…
SEP162024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2024
—
The Petitioner intends to come to the United States to work as a business director with his companies: _______ in the real estate industry, and _______ operating in the digital marketing and healthcare industries. His proposed endeavor involves "champion[ing] financial and economic welfare through the development of ambitious business ventures aimed at impr…
SEP132024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
The Petitioner is a journalist specializing in automotive journalism, with over 25 years of experience in the field. The record reflects he has also worked as a business owner and executive in the communications industry, an elected city councilor in municipal government in Brazil, and as a parliamentary assistant for the legislative assembly ofthe State of…
SEP132024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
The Director concluded that the Petitioner qualifies for the EB-2 classification as an advanced degree professional, based upon obtaining a master of science degree in biotechnology and bioinformatics. The issue on appeal is whether the Petitioner has established that a waiver of the job offer requirement is in the national interest. The Director found that…
SEP132024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
A. Ability to Pay the Proffered Wage A petitioner must demonstrate its continuing ability to pay an offered job's proffered wage, from a petition's priority date until a beneficiary obtains permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of annual reports, federal tax returns, or audited financial statem…
SEP132024_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
The Director denied the petition concluding that the Petitioner did not demonstrate the Beneficiary possessed the requisite full time, compensated work experience during the two years immediately preceding the filing of this petition, which spans from December 2021 to December 2023. See 8 C.F.R. § 204.5(m)(2), (4). Specifically, the Director determined that…
SEP132024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
A. Petitioner's Signature
The appeal filed by the Petitioner does not contain a valid signature. Benefit requests must be signed by the applicant or petitioner. 8 C.F.R. § 103.2(a)(2). In the instant matter, the Petitioner's signature on the I-290B Notice of Appeal or Motion (appeal), G-28 Notice of Entry of Appearance as Attorney or Accredited Representati…
SEP132024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
—
The sole issue we will address is whether the Petitioner established that the Beneficiary will be employed in the United States in a managerial capacity. The Petitioner does not claim that the Beneficiary will be employed in an executive capacity.
"Managerial capacity" means an assignment within an organization in which the employee primarily manages the o…