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SEP132024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
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The record shows that the Petitioner, a Chinese native and citizen, entered the at age 17. She ranked fifth among the 16 women accepted that year from more than l 0,000 applicants. Four years later, in 2010, she graduated first in her class with a bachelor's degree in Chinese ethnic and folk dance performance. She then joined the serving as the national ens…
SEP132024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
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The Director determined that the Beneficiary qualifies as a member of the professions holding an advanced degree. We agree with the Director's determination.2 The remaining issue is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director found that wh…
SEP132024_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
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The Petitioner is a financial manager who has held positions ofresponsibility in various capital venture firms and founded her own investment firm, I I (N-). 1 She provided documentary evidence about her work within this field, including among other things, testimonial letters, major media articles and other forms of recognition of her capital investment ac…
SEP132024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
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The Director determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree. The issue before us is whether the record establishes that a waiver of the job offer requirement, and thus of a labor certification, would be in the national interest. Based on our de novo review of the record, we conclude…
SEP132024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2024
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The
Director determined that the Petitioner qualified for the EB-2 classification as an advanced degree professional because he submitted sufficient evidence of the equivalent of a bachelor's degree in business administration and five years of progressive work experience. However, the Director then determined that the Petitioner did not establish eligibilit…
SEP122024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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The Petitioner is a triathlete who has competed on the Venezuelan.. .._________ __, She represented Venezuela at the 20141 Iand is currently ranked in the top D women's triathletes in the Americas by the World Triathlon Continental Rankings. She has also competed in open water swimming competitions. The Petitioner states that she intends to continue competi…
SEP122024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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As an initial matter, though not necessary for our final determination, we must withdraw the Director's determination that the Petitioner is an advanced degree professional. As evidence of his advanced degree, the Petitioner provided a copy of his diploma from ________ Brazil showing a Titulo de Bacharel em Administracao. The Petitioner did not provide a co…
SEP122024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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A. Relevant Facts and Procedural History Inl 12016, the I !Family Court in New York issued an order appointing a guardian for the Petitioner in proceedings brought under section 661 of the New York Family Court Act (N.Y.
Fam. Ct. Act) and sections 1701 through 1707 of the New York Surrogate's Court Procedure Act (N.Y. Surr. Ct. Proc. Act). Relying on infor…
SEP122024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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The Petitioner serves as Vice President for Business Development at a a supplier of telecom engineering services and products. 1 Because the Petitioner has not indicated or established receipt of a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner ini…
SEP122024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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In her Definitive Statement, the Petitioner stated her intent to work as an entrepreneur in the field of dentistry by continuing to operate, develop and expand her clinic, a limited liability company in Georgia. The Petitioner explained the clinic would provide comprehensive dental services and treatments to children and adults and research and develop new…
SEP122024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
—
The Director determined that the Petitioner qualifies for underlying EB-2 classification as a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. For the reasons di…
SEP122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
—
In her Professional Plan submitted in response to the Director's request for evidence (RFE), the Petitioner stated her proposed endeavor is to work as an electrical engineer on sustainable and intelligent energy generation, telecommunications systems, and lighting systems. The Petitioner explained she would implement specific energy generation, transmission…
SEP122024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 12, 2024
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The Director determined that the Petitioner is an advanced degree professional and therefore has established eligibility for the underlying EB-2 classification. The Director also determined the Petitioner established he is an individual well-positioned to advance his proposed endeavor, meeting the second prong of the Dhanasar framework for a national intere…
SEP112024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
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The Applicant, a native and citizen ofTanzania, was granted U-1 nonimmigrant status from May 2017 until May 2021. She timely filed her U adjustment application in October 2020. The Director issued a request for evidence (RFE) which asked, in part, for the Applicant to submit criminal records related to numerous arrests. The Applicant responded, in part, wit…
SEP112024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
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The Petitioner is a professional pickleball player in the United States on a nonimmigrant visa for internationally recognized athletes.
A Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R.…
SEP112024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
—
The only issue correctly before us on appeal is whether the immediate prior decision - that is, the Director's decision to dismiss the motion to reopen and motion to reconsider - was correctly decided. Our review and analysis in this matter, therefore, will focus on that determination. On motion, the Petitioner asserted that the Director's determination was…
SEP112024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
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A. Bona Fide Job Offer
Pursuant to the statutory framework for the granting of immigrant status, any United States employer desiring and intending to employ an alien entitled to immigrant classification under the Act may file a petition for classification. Section 204(a)(l)(F) of the Act, 8 U.S.C. § l 154(a)(l)(F); see 8 C.F.R. § 204.5( c ). Such petitions…
SEP112024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
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The Petitioner submitted evidence that the Beneficiary holds the equivalent of a United States bachelor's degree in architectural studies and over five years of progressive experience in her specialty. The Director determined that the Beneficiary qualified for EB-2 classification as an advanced degree professional. We agree. In its first support letter subm…
SEP112024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
—
The Director determined that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. For the reasons set forth below, we…
SEP112024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 11, 2024
—
The Petitioner proposes to be a sales operation manager and intends to offer courses in the field of sales. In her initial cover letter, the Petitioner states that she will accomplish the following goals:"I will promote business development in the business field ultimately contributing to the markets in the United States. I will use my knowledge and experti…
SEP102024_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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The sole issue addressed by the Director is whether the Petitioner established it would employ the Beneficiary in the United States in a managerial capacity. 1"Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a department, subdivision, function or component of the organization; supe…
SEP102024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
—
On motion, the Petitioner claims that he disagrees with our prior decision and submits "pertinent facts and new evidence" regarding his eligibility for EB-2 classification as an individual of exceptional ability. In evaluating the new evidence and claims of error under each criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F), we conclude that the Petitioner's su…
SEP102024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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The Director concluded that the Petitioner did not establish eligibility for immigrant classification pursuant to the VA WA because he did not demonstrate that he: had a qualifying relationship as the spouse of a U.S. citizen; and that he was eligible for immigrant classification based on that qualifying relationship. To demonstrate that he had divorced his…
SEP102024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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The Petitioner is a fashion designer who co-founded (D-), 1 Her work with D- largely involves creating and marketing D-'s products using its patented and trademarked software, described on the patent as "Software-as-a-service (SaaS) featuring software for use in photo editing," providing The record contains material documenting the sale of D-'s products on…
SEP102024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…