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JUN132024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 2024
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A. Advanced Degree Professional
Petitioners may qualify for EB-2 classification as members ofthe professions holding an advanced degree when they possess a U.S. bachelor's degree or foreign equivalent degree followed by five years of progressive experience in the specialty, which is considered the equivalent of a master's degree. 8 C.F.R. § 204.5(k)(2). The…
JUN122024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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The record shows that the Petitioner, a Russian national and citizen, earned a bachelor's degree in computer engineering technology and a master's degree in computational design in her home country. In 2007, she founded a digital marketing and information technology (IT) firm in Russia. She has also lectured on digital marketing at a Russian university. The…
JUN122024_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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A. Relevant Facts and History The Petitioner filed her U petition in 2018 with a Supplement B signed and certified by the Chief of Police for thel ITexas Police Department (certifying official). In response to Part 3.1 of the Supplement B , which provides check boxes for the 28 qualifying criminal activities listed in section 101(a)(15)(U)(iii) of the Act,…
JUN122024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 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).…
JUN122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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A. Advanced Degree Professional
As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability. 2 For the reasons discussed below, we concur with the Director that the Petit…
JUN122024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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The Director concluded that the Petitioner qualifies for the EB-2 classification as an advanced degree professional, based upon obtaining the foreign equivalent of a master of science degree in medical physics. The issue on appeal is whether the Petitioner has established that a waiver of the job offer requirement is in the national interest. The Director f…
JUN122024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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On the appellate Form I-290B, the form contains an image of a signature under Part 4, 6.a in the Petitioner's Signature block. We conclude that this is an image of a signature and not an original signature due to multiple factors. First, the Petitioner's signatures on the appellate forms (Form I-290B and the Form G-28) are identical and indistinguishable, t…
JUN122024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2024
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1 See Flores v. Garland. 72 F.4th 85. 88 (5th Cir. 2023) (joining the Ninth, Eleventh, and D.C. Circuit Courts (and Third in an unpublished decision) in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature). 2
I
The Petitioner is a Body Dimensional Specialist with the I In his "Professional Plan" the Petiti…
JUN112024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in July 2016 with a Supplement B signed and certified by the Chief of Police, IKansas Police Department ( certifying official). In Section 3 .1 of this Supplement B, the certifying official checked a box indicating that, in 20ll, the Petitioner was a victim of criminal activity inv…
JUN112024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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The Petitioner claims to be an individual of extraordinary ability based on her skills and experience as a producer. She intends to use her skills and experience to advance her production company -I I I I-and states that her goal is "to develop and support projects and programs that contribute to the spread of modem communication models."
A. Evidentiary Cr…
JUN112024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 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…
JUN112024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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The Director determined that the Petitioner qualified 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 we will dismiss the appeal. The first Dhanasar prong, substantial merit an…
JUN112024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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The Director determined that the Petitioner qualified for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner established eligibility for a national interest waiver under the Dhanasar framework. The first Dhanasar prong, substantial merit and national importance, focuses on the spec…
JUN112024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance ofthe specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends: Through the opening and operation of the startup business, he will be able to provide Fitness and Well-Being consulting services to all sorts of companies and ind…
JUN112024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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The Petitioner is a doctoral student and graduate assistant in the Additive Manufacturing Laboratory, Department of Mechanical Engineering, _________ In her personal statement initially submitted with her petition, the Petitioner stated "[m ]y proposed plan is to continue to use my advanced degree, and my qualifications to position myself in a way to positi…
JUN112024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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A. The Proposed Endeavor
The record shows that the Petitioner, a Russian native and citizen, earned a bachelor of economics degree in her home country. She has about seven years' experience in the banking industry, beginning as a sales representative and eventually becoming a sales manager. She then spent about three years in the IT field, working as an acc…
JUN112024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance ofthe specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to "[e]stablish a Sales & Marketing Representation Organization that will globally promote 'smaller' United States destinations beyond the 'Traditional' Top 20. Th…
JUN112024_13B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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A. EB-2 Classification
The
Director concluded the Petitioner established his eligibility for EB-2 classification as an advanced degree professional on the basis of his education and work experience, as defined by 8 C.F.R. § 204.5(k)(2). We agree with the Director's conclusion. B. Substantial Merit and National Importance The first Dhanasar prong, substanti…
JUN112024_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 11, 2024
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The Director determined that the Petitioner qualified as an advanced degree professional, and further concluded the Petitioner's proposed endeavor has substantial merit but did not sufficiently satisfy it is of national importance under Dhanasar 's first prong. Based on our de novo review of the record, we conclude the Petitioner has not sufficiently demons…
JUN102024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 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 of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
JUN102024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 2024
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The Petitioner filed his U petition with a Supplement B signed and certified by a sergeant with the I I Illinois, Police Department ( certifying official), based upon a I I 2005 incident whereby the Petitioner was at work when an individual attempted to steal money from the store. In response to Part 3.1 of the Supplement B, which provides check boxes corre…
JUN102024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 2024
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In addition to his Form I-212, the Applicant submitted a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to CBP seeking a waiver of his inadmissibility for his crime involving moral turpitude and controlled substance conviction, controlled substance trafficking, and for having been previously ordered removed. See Sections 212(a)(2)(…
JUN102024_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 2024
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The Applicant is currently in the United States and seeks conditional permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before she departs. 1 She does not contest that she will become inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure for having been previously ordered removed. The only issue on appeal…
JUN102024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 2024
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The Director found that the Petitioner qualifies for the EB-2 classification. Based upon the evidence in the record that the Petitioner obtained the foreign equivalent of bachelor's degree in communications followed by at least five years of progressive experience in public relations and marketing, we agree. See 8 C.F.R. § 204.5(k)(2). The issue on appeal i…
JUN102024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 10, 2024
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The Petitioner seeks to provide professional advice to pharmaceutical and healthcare product companies through an independent consultancy. 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…