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AUG062024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 06, 2024
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A. EB-2 Classification
The Petitioner is a doctor of medicine and a healthcare management professional. She submitted a diploma and transcripts for her degree as a physician and surgeon from ________ _______ in Colombia. In addition, she submitted an academic evaluation that states her degree is equivalent to a U.S. doctor of medicine degree, and further st…
AUG062024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 06, 2024
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In the initial submission, the Petitioner explained she intended to work as a radio frequency engineer. Responding to the request for evidence (RFE), the Petitioner indicated she would establish her own wireless network design consulting firm inl IMassachusetts. She holds a master's degree in wireless devices and communication facilities and has 14 years of…
AUG052024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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The Petitioner is a music producer who specializes in the Christian (Catholic) music genre. He has founded music groups, and through his business I I has organized, produced, and promoted concerts at several venues. We note that the Petitioner indicated in Part 6 of Form I-140, Immigrant Petition for Alien Workers, that his job title is music director, and…
AUG052024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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The Petitioner filed this fiancee petition on behalf of the Beneficiary on August 23, 2022, thus the relevant period in which he must show he and the Beneficiary met is between August 23, 2020, and August 22, 2022. On the Form I-129F, the Petitioner explained that he and the Beneficiary had not personally met in the two-year period immediately preceding the…
AUG052024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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The Director denied the petition, in part, based on a determination that the Petitioner did not establish the Beneficiary would be employed in a managerial capacity in the United States. 1"Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a department, subdivision, function, or compo…
AUG052024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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The
Petitioner must first demonstrate qualification for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act.
A. Advanced Degree Professional
The Petitioner did not claim eligibility for EB-2 visa classification as an…
AUG052024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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In denying the petition, the Director determined that the Petitioner had met one of the criteria for exceptional ability, 8 C.F.R. § 204.5(k)(3)(ii)(B), at least ten years of full-time work experience in the occupation of exceptional ability. On appeal, the Petitioner asserts that he meets criteria 8 C.F.R. § 204.5(k)(3)(ii)(A), (C), (E), and (F); while agr…
AUG052024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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In his business plan, the Petitioner states his proposed endeavor is to develop and serve as the chief executive officer of an aesthetician clinic providing the following procedures: botulinum toxin, a wrinkle treatment procedure, facial and neck dermal fillers injection, lips dermal fillers injection, PDQ threads, and radiesse collagen injectables. The pla…
AUG052024_07B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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As a preliminary matter, we emphasize that the Petitioner has not appealed the June 5, 2023, denial of the Form 1-140 itself, but rather the Director's subsequent dismissal ofhis combined motions to reopen and reconsider dated January 2, 2024. In the January 2024 decision, the Director did not affirm the prior denial but rather, the Director concluded that…
AUG052024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2024
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In his professional plan and statement submitted in response to the Director's request for evidence, the Petitioner states he intends to work as a full-stack software developer for American financial institutions to modernize activities, reduce environmental impacts, improve operational productivity, increase revenue, and expand business growth through the…
AUG022024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2024
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The record shows the Petitioner, a Kyrgyzstan native and citizen, is a Taekwon-Do (martial arts) athlete, who started competing in martial arts events in 2010 (at the age of fifteen). The Petitioner asserts that since that time he has accomplished numerous achievements in his field of expertise which have been recognized on both a national and international…
AUG022024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2024
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In his letter in response to the Director's request for evidence, the Petitioner states his proposed endeavor is to be self-employed as a patent attorney offering affordable services to innovators and small businesses in the United States. The Director determined that the Petitioner qualified for EB-2 classification as a member of the professions holding an…
AUG022024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2024
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The Petitioner, a citizen and national of Brazil currently residing in the United States, proposed to open a sport nutrition retail enterprise in the United States. The Director determined that the Petitioner had not demonstrated that she is a member of the professions holding an advanced degree or an individual of exceptional ability. The Director further…
AUG022024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2024
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The Petitioner is social worker who intends to work as a social and community service manager. She plans to operate and manage a nonprofit organization in Central Florida primarily focused on mental health and access to benefits for the Hispanic community. The Director found the Petitioner qualified for underlying EB-2 classification as a member of the prof…
AUG022024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2024
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The Petitioner has a background in business in his home country. His proposed endeavor is to use the company he jointly owns with his spouse as a vehicle to provide logistics services to U.S. companies, and to export goods from the United States to Brazil.
A National Interest Waiver
1. Substantial Merit and National Importance (Collectively Dhanasar's Firs…
AUG012024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Petitioner claimed eligibility for the EB-2 immigrant classification as a member of the professions holding an advanced degree. However, because we conclude that he is not eligible for, and does not merit as a matter of discretion, a national interest waiver, and this determination is dispositive of the Petitioner's appeal, we decline to reach and hereb…
AUG012024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The
Director denied the petition because the Petitioner did not establish his good moral character. The Director cited United States Citizenship and Immigration Services (USCIS) records which show the Petitioner was arrested in 2018 by the United States Border Patrol in connection with an alien smuggling investigation. The Director concluded that the Petiti…
AUG012024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Petitioner filed the fiancee petition September 30, 2022. The Petitioner responded "no" to all questions related to whether he had a criminal history, and whether he required a multiple filer waiver because he previously filed fiancee petitions for at least two other individuals. However, government records indicate that he was arrested and charged for…
AUG012024_01L4210
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Applicant indicated on the instant Form 1-700 that during the 12-month period ending on May 1, 1986, he worked in California harvesting grapes for two employers: 1. R-P-, from May 1985 until August 1985 - a total of 102 man-days; and 2. R-B-, Inc., from December 1985 until April 1986- a total of 74 man-days. As evidence ofhis employment with R-P- the Ap…
AUG012024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The issues on appeal are: (1) whether the Petitioner has met his burden of proof to show that he qualifies for the EB-2 visa classification as an individual of exceptional ability and, if so, (2) whether he has established that a waiver of the requirement of a job offer, and thus a labor certification, is in the national interest. The Director determined th…
AUG012024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
—
In his definitive statement, the Petitioner describes his proposed endeavor as developing and expanding his Turkish cotton towel and clothing business, _____ a limited liability company located in Florida. The Petitioner states he will serve as the company's founder and chief executive officer. The Petitioner's business plan explains the company will follow…
AUG012024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
—
The
Petitioner originally filed the petition as a member ofthe professions holding an advanced degree. The Director concluded that the Petitioner did not qualify as a member of the professions holding an advanced degree as her advanced degree, which was determined to be the U.S. equivalent of a master of science in surveying engineering technology, was not…
AUG012024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Petitioner proposes to establish a "comprehensive business venture encompassing consultancy, advisory, original equipment manufacturing, training, and sales within the realm of technical, industrial, and corporate furniture." In denying the petition, the Director found the Petitioner did not hold an advanced degree. The Director further found that the P…
AUG012024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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A. EB-2 Classification
The Petitioner submitted evidence that he com leted a 2010 Master's of Science de ree in Administrative Management from the in Venezuela. 2 The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree and we agree.
B. National Interest Waiver
1. Substantial Merit
The first prong, sub…
AUG012024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Director found that the Petitioner did not establish that she was a member of the professions holding an advanced degree as she did not provide a translated version of her transcript for her purported bachelor's degree. 4 We agree that the translated transcript has not been submitted and as such, the Petitioner has not established that she has the bache…