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AUG012024_09B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Petitioner is an electrical engineer. He earned bachelor's degree in engineering at _ in 2011. He submitted documentation from his current and past employers verifying that he has 12 years of subsequent experience as an electrical engineer. The Director concluded that he is eligible as a member of the professions holding an advanced degree. Upon de nova…
AUG012024_10B5203
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 an individual of exceptional ability. However, because we conclude that she is not eligible for, and does not merit as a matter of discretion, a national interest waiver, and this determination is dis positive of the Petitioner's appeal, we decline to reach and hereby reserve the is…
AUG012024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Director determined that the Petitioner qualifies for the requested EB-2 immigrant classification as an advanced degree professional, but did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not met the Dhanasar framework and dismiss the appeal. The f…
AUG012024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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A. Individual of Exceptional Ability The first issue to be addressed is whether the Petitioner established his eligibility for the EB-2 classification. The Petitioner asserts on appeal that he is an "Entrepreneur in the field of Janitorial Services of Exceptional Ability." 2 As a preliminary matter, the Petitioner avers on appeal that the Director applied a…
AUG012024_13B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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A. Advanced Degree
The Petitioner asserts that she qualifies for an advanced degree professional classification by virtue of foreign education she claims is equivalent to a U.S. bachelor's degree, along with five years of progressive experience.2 8 C.F.R. § 204.5(k)(3)(i). The Director determined that the Petitioner did not submit sufficient evidence to est…
AUG012024_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2024
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The Petitioner proposed to work in the United States as a pilot, a flight simulator instructor, a flight standards specialist, and an extended twin-engine operations (ETOPS) expert in the field of aviation. 2 See Flores v. Garland. 72 F.4th 85. 88 (5th Cir. 2023) (joining the Ninth, Eleventh, District of Columbia, and Third Circuit Courts in concluding that…
JUL312024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Petitioner is a Shaolin kungfu practitioner and instructor at the II a school he founded in China, as well as the founder ofthe which studies an ancient and specialized form of kungfu. The Petitioner also co-founded the ___________ an international association promoting the continued teachings of Xinyiba wushu, or kungfu, throughout the world. The Petit…
JUL312024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The issues to be addressed in this decision concern the Beneficiary's foreign and U.S. employment in an executive capacity and whether the Petitioner submitted sufficient evidence to overcome the Director's adverse conclusions on these two issues.
A. Employment Abroad
First, we will address the Beneficiary's claimed employment abroad. In a support letter t…
JUL312024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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As noted above, the Director concluded that the Petitioner does not qualify for classification as an individual of exceptional ability. The Director did not specify in the decision whether, in the alternative, the Petitioner qualifies for classification as a member of the professions holding an advanced degree. See section 203(b )(2) of the Act. However, in…
JUL312024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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A petitioner must establish a beneficiary's possession of all the education, training, and experience specified on an accompanying labor certification by a petition's priority date. 8 C.F.R. §§ 103.2(b)(l), (12); see also Matter of Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977); Matter ofKatigbak, 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971). T…
JUL312024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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A. Relevant Facts and Procedural History The record reflects that in July 2014, at the age of 10 years old, the Petitioner entered the United States, accompanied by his grandmother and sister. lnl I2017, the New York (Family Court) issued an order appointing the Petitioner's mother as his guardian.2 In a separate order entitled Order-Special Immigrant Juven…
JUL312024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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A. Contract
The Petitioner, a tennis trammg center, filed Form I-129, Petition for a Nonimmigrant Worker, seeking to classify the Beneficiary as an 0-1 individual of extraordinary ability as a tennis coach. In its initial letter, the Petitioner stated that "we have offered the position of Senior Tennis instrnctor to [ the Beneficiary]. Thus, we have signed…
JUL312024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Petitioner submitted a business plan for a consulting, advisory and training business in project management focusing on information technology, implementation, and systems management. The plan states the business will be a limited liability company located in the I Florida metropolitan area. The Director determined that the Petitioner qualified for EB-2…
JUL312024_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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Long-standing legal standards require that the Director first determine whether the proffered position qualifies for classification as a specialty occupation and then move to determine whether the Beneficiary was qualified for the position at the time the nonimmigrant petition was filed. Cf.Matter ofMichael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988).…
JUL312024_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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A. Relevant Facts and Procedural History The record reflects that in July 2014, at the age of 14 years old, the Petitioner entered the United States, accompanied by her grandmother and brother. lnl 12017, the Family Court ofl I New York (Family Court) issued an order appointing the Petitioner's mother as her guardian.2 In a separate order entitled Order-Spe…
JUL312024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Petitioner is an entrepreneur with a background in insurance underwriting, with a subspecialty in contingency insurance. She is also a certified actuary. She intends to open a contingency insurance and underwriting firm, where she will offer personalized insurance solutions to customers. She intends to primarily target the sports, leisure, and entertain…
JUL312024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Petitioner is an educator who has focused on K-12 education. She holds a master's degree in education innovation and has worked as a bilingual educator. She has also completed curriculum planning, including translation and creation of STEM material, and she has reviewed educational data prepared for her school. The Director found the Petitioner qualifie…
JUL312024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Director determined the Petitioner qualified as an advanced degree professional, but that he did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not met the Dhanasar framework and we will dismiss the appeal. The first Dhanasar prong, substantial meri…
JUL312024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue 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. The first prong of the Dhanasar analytical framework requires the Petitio…
JUL312024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The issue on appeal is whether the Petitioner has established that the Director erred by dismissing her combined motion to reopen and reconsider. 3 For the reasons discussed below, we conclude that the motion was properly dismissed. In denying the Petitioner's Form 1-140, Petition for Alien Workers (Form 1-140), the Director noted that because some of the f…
JUL312024_13B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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As an initial matter, and as explained in the Director's request for evidence (RFE) and decision, the Petitioner did not submit the Form ETA-750B, as required by the regulation at 8 C.F.R. § 204.5(k)(4)(ii).4 Although the Petitioner did provide the required form on appeal, because he was put on notice and given a reasonable opportunity to provide this evide…
JUL312024_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2024
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The Petitioner filed this petition on February 10, 2023. After analyzing the initial evidence, the Director issued a request for evidence (RFE) on May 31, 2023, noting the deficiencies in the record, to which the Petitioner timely responded. The Director denied the petition concluding the Petitioner did not establish that he is eligible for EB-2 classificat…
JUL302024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2024
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The Petitioner indicates that since 1989 he has been an attorney, founder, and managing partner at the Brazilian law firm ____________________ where he specializes in transnational corporate law involving complex transactions in the areas of commercial, tax, and labor law. He received his Master of Laws (LL.M.) degree from the ____________ I in 1996. During…
JUL302024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2024
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A. EB-2 Classification
In the first instance, we note the Director's RFE concluded the Petitioner qualified for the employment based second preference immigrant classification because the Petitioner held "a Bachelor's degree in Engineering and is a candidate in a Ph.D. program." However, in the decision, the Director concluded the Petitioner "satisfie[ d] t…
JUL302024_01B6203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2024
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A skilled worker must be able to perform work requiring at least two years of training or experience. Section 203(b)(3)(A)(i) of the Act; 8 C.F.R. § 204.5(1)(2) (defining the term "skilled worker"). Thus,"[t ]he minimum requirements for this classification are at least two years of training or experience." 8 C.F.R. § 204.5(1)(3)(ii)(B). Also, "[r]elevant po…