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JUN242024_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024
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The Petitioner seeks to work in a religious occupation, as a worship pastor/minister, at ____ a non-denominational, evangelical Christian church. The Director denied his petition on several grounds. The first of these was that the Petitioner had not established that he had been continuously employed as a full-time, compensated religious worker in the two ye…
JUN242024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024
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A. EB-2 Classification
The Director concluded that the Petitioner qualified for the EB-2 classification as a member of the professions holding an advanced degree based on her physiotherapist degree along with her years of experience in the specialty. However, as the record does not establish by a preponderance of the evidence that the Petitioner otherwise m…
JUN242024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024
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The Petitioner proposed to operate as the chief executive officer of a newly created lumber retailer and wholesaler, I I with an emphasis on importing specific products from Brazil. In the business plan submitted to the Director, the Petitioner claimed that the operation would employ 12 individuals in the I I Florida area by year five. Additionally, the Pet…
JUN242024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024
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The Director determined 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 waiver ofthe requirement ofa job offer, and thus a labor certification, would be in the national interest. The Petitioner indicated that his proposed endeavor is…
JUN212024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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The Petitioner stated he provides "protective security services to high-profile, ultra-high net worth individuals." He intends to continue to work in the executive protection field in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must sat…
JUN212024_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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Unless an approved petition is subject to "automatic revocation" under 8 C.F .R. § 205.1, USCIS must notify a petitioner of a proposed revocation. 8 C.F.R § 205.2(a), (b). "The petitioner ... must be given the opportunity to offer evidence in support of the petition ... and in opposition to the grounds alleged for revocation of the approval." 8 C.F.R § 205.…
JUN212024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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According to the Petitioner's resume, he works as a digital marketing manager with the ___ I I Florida, as a parttime freelance marketing consultant inl lFlorida, and as the founder and chief marketing officer ofI IBrazil. The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an a…
JUN212024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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The Petitioner states that he has been a competitive athlete, instructor, and referee ofBJJ for more than 40 years. On his resume, the Petitioner states that he began learning and competing in Jiu-Jitsu in 1976. In 1984 he began teaching Jiu-Jitsu to children in school, while continuing his own training for competitions. In 1989, the Petitioner, along with…
JUN212024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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The Petitioner is an agricultural engineer who holds a doctoral degree in economic agro-industrial problems from ____________ in Mexico. The Director determined that the Petitioner qualified for EB-2 classification as a member ofthe professions holding an advanced degree. We agree. The only issue on appeal is whether she qualifies for and merits a waiver of…
JUN212024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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A. EB-2 Classification
The Petitioner is a mergers and acquisitions professional in the oil and gas industry. He submitted a diploma and transcripts for his master's degree in business administration from the ____ I I The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree and we agree.
B. National Int…
JUN212024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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The Petitioner is a business manager and marketing specialist who proposes to create "a startup that will offer a wide range of marketing and business management consulting services, with a focus on integrating and optimizing the operations of companies in the US, Latin American and Brazilian markets." The Petitioner created __________ a limited liability c…
JUN212024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 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 Petitioner provided evidence that he possesses the foreign equivalent of a bachelor's degree in business administration from a Brazilian university and at least five years of progressive post-baccalaureate experience i…
JUN212024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 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 and the record supports the Director's conclusion. 2 Accordingly, the sole issue to be addressed on appeal is whether the Petitioner established that a waiver of the job offer requirement, and thus a labor certification, wo…
JUN212024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2024
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A. Exceptional Ability
In the decision, the Director concluded that the Petitioner met three of the six evidentiary criteria, official academic records, more than ten years offoll-time experience, and membership in professional associations, at 8 C.F.R. § 204.5(k)(3)(ii)(A), (B), and (E). Upon review of the evidence its totality, the Director determined tha…
JUN202024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2024
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The Petitioner claim that he qualifies as an individual of extraordinary ability in the arts based on his years of experience as an urban game designer, which included developing urban games in Europe and acting as an interim department chair and assuming the role of game lab manager at the I Because the Petitioner has not indicated or established his recei…
JUN202024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2024
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As an initial matter, we note that the Petitioner asserts the Director "imposed novel substantive and evidentiary requirements beyond those set forth in the regulations." However, he does not point to specific examples of this within the Director's request for evidence (RFE) or denial. The Petitioner also does not offer a detailed explanation for how the Di…
JUN202024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 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 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 discussed below, we conclude that the Pe…
JUN202024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2024
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The Director determined that the Petitioner qualified as an individual of exceptional ability in the sciences, arts, or business,2 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 established the national importance of his proposed endeavor an…
JUN202024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2024
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The Director determined that the Petitioner is a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that he is a highly accomplished cybersecurity engineer with 22 years of experience in information…
JUN182024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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The Petitioner is a former professional football player who has played with the I_______ as well as multi le first division football clubs in Chile, Ar entina, and S ain. 1 He played in the 2014 During his career he has played on teams winning the 2012/2013 and 2015/2016), thel I (2015), thel 1(2015), and the (2011).
A. Evidentiary Criteria
As the Petition…
JUN182024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that he has more than 17 years of experience as a dentist, with over IO years of experience ownin…
JUN182024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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In 2009, the Petitioner filed Form 1-140, Immigrant Petition for Alien Worker, seeking classification as a member of the professions holding an advanced degree, as well as a national interest waiver of the job offer requirement. See section 203(b )(2)(B)(i) ofthe Act. Specifically, the Petitioner indicated in part 6 that he intended to work as a "Self-emplo…
JUN182024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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The Director determined that the Petitioner established her eligibility for the underlying EB-2 classification as an advanced degree professional. Upon de nova review, we agree with the Director's determination.2 The issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of the classification's job offer requirement. The Director…
JUN182024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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A. Duplicate Filing
The instant Form I-290B, Notice of Appeal or Motion, was received on October 27, 2023, within the period allowed for the filing of appeals per 8 C.F.R. § 13.3(a)(2)(i). Subsequent to the filing of this appeal, the Petitioner filed a second I-290B, also timely filed, as a motion to reconsider the same decision by the Director at issue in…
JUN182024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 18, 2024
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. The first Dhanasar prong, substantial merit and national importance, focuses on the…