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JUL262024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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In his personal statement submitted in response to the Director's request for evidence, the Petitioner states he is an economist who intends to work in the oil and gas industry as an employee of a United States company or as an independent consultant. The Petitioner explains that his knowledge and experience "are invaluable in our transition toward cleaner…
JUL262024_02D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
JUL262024_03D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
JUL262024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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The Petitioner is an entrepreneur with a background in accounting. He intends to open and operate a business and managerial consulting firm. He notes that he will assist U.S. companies to make sound financial decisions, offer advice to streamline their operations and improve sales, and help to improve overall profitability. The Director found the Petitioner…
JUL262024_04D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
JUL262024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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A. EB-2 Classification
The Director found that the Petitioner did not qualify for the underlying EB-2 classification as an individual of exceptional ability,4 but did not offer an analysis to support her conclusion.5 Nevertheless, as the resolution of the issues pertaining to the Petitioner's eligibility for a waiver of the job offer requirement, and thus o…
JUL262024_05D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
JUL262024_06B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2024
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The Director found that the Petitioner was qualified for EB-2 classification as a member of the professions holding an advanced degree. The Director indicated that the Petitioner met the classification due to the PhD she obtained from the I IAs the Petitioner notes on appeal, she does not have a PhD nor has she attended thel IThe Director's finding of EB-2…
JUL252024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The Petitioner earned a doctorate in biotechnology in his native India in 2009, and subsequently received postdoctoral training in one- to two-year positions at various institutions in India and the United States. Most recently, in May 2022, the Petitioner began working as a research scientist at I ITexas. He left the United States shortly after the petitio…
JUL252024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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As a preliminary matter, we emphasize that the appeal before us relates to the Director's November 14, 2023, dismissal of the Petitioner's combined motions to reopen and reconsider. 2 Therefore, the question before us on appeal is whether the Director erred in dismissing the motions. In that decision, the Director considered both the evidence submitted prio…
JUL252024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The present petition was filed after the Petitioner filed fiancee visa petitions for two other beneficiaries. As such, the present petition cannot be approved unless the Petitioner receives a waiver of the IMBRA filing limitations in the exercise of discretion. Section 214(d)(2)(A)(ii) of the Act. In response to the Petitioner's initial filing, the Director…
JUL252024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The
Petitioner has worked as an actor in theater, television and film in her native Armenia, and inc::=J was named an Honored Artist of the Republic of Armenia. She intends to continue working as an actor in the United States. Because the Petitioner has not indicated or established that she received a major, internationally recognized award, she must satisf…
JUL252024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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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. The Petitioner ini…
JUL252024_02D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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Upon review of the record in its totality, we conclude that the Petitioner has not established that he merits a discretionary waiver of the two-year personal meeting requirement for the following reasons. The Petitioner filed this fiance(e) petition on behalf of the Beneficiary on November 3, 2022, thus the relevant time period in which he must show he and…
JUL252024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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At the time of filing, the Petitioner claimed that he meets the initial evidentiary criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) through (F) and that he otherwise qualifies for classification as an individual of exceptional ability in the sciences, arts, or business. The Petitioner intends to operate a martial arts sports entertainment business in the United S…
JUL252024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The Director concluded that the Petitioner qualifies 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 requirement of a job offer, and thus a labor certification, would be in the national interest. The first prong, substantial…
JUL252024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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In his business plan, the Petitioner states that he will serve as chief executive officer ofl a limited liability company headquartered inl IFlorida. The business plan explains that I I will assist U.S. companies to scale their sales to other markets using the franchise model and help existing American franchises improve their operations and expand their ma…
JUL252024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree, and the record supports this determination. 2 The only issue on appeal is whether the Petitioner has met his burden of proof to establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national in…
JUL252024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
—
A. EB-2 Classification
The Director found the Petitioner qualifies as a member ofthe professions holding an advanced degree. However, as the record does not otherwise establish by a preponderance of the evidence that the Petitioner is eligible for a national interest waiver as a matter of discretion, we will reserve the issue of the Petitioner's eligibility…
JUL252024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner emphasized throughout this proceeding that he has over 11 years of experience in the electrical engineerin…
JUL252024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2024
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The Director concluded that the Petitioner qualifies 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 requirement of a job offer, and thus a labor certification, would be in the national interest. The first prong, substantial…
JUL242024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2024
—
The
Petitioner is a visual artist and contends he has sustained national and international acclaim. Because the Petitioner has not indicated or shown that he received 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 claims to have satisfied six of…
JUL242024_01C1101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2024
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The Petitioner filed the instant petition on July 19, 2023, to have the Beneficiary permanently work in the United States as a minister. The Petitioner is "a global media church" located in Texas "serving the underground churches in Iran and reaching out to Farsi-speaking non-believers with the Gospel message both locally and globally." The Beneficiary was…
JUL242024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2024
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A. Evidentiary Criteria
The Director determined the Petitioner did not demonstrate the Beneficiary's nomination for, or receipt of, significant national or international awards or prizes under 8 C.F.R. § 214.2( o )(3)(iv)(A). In addition, the Director concluded the Petitioner established the Beneficiary's eligibility for only one criterion, significant reco…
JUL242024_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2024
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On I I 2011, the Obligor signed Form I-352, Immigration Bond, on behalf of the bonded foreign national. On April 4, 2023, the San Bernadino, California ICE Field Office mailed, via certified mail, return receipt, a Form I-340, Notice to Obligor to Deliver Alien (I-340). The I-340
requested the bonded foreign national's delivery on May 8, 2023. The record c…