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FEB042025_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
As noted above, the Applicant must establish that he was born to a U.S. citizen parent who prior to his birth was physically present in the United States or its outlying possessions for a period or periods totaling not less than 10 years, at least five of which were after attaining the age of 14 years. Section 301(g) of the Act (1984). Accordingly, the Appl…
FEB042025_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The record reflects that the Applicant entered the United States without inspection in February 2005, departed in August 2006, returned to the United States without inspection in February 2008, and departed in October 2012. The Applicant was admitted to the United States in 2023 as an H-2B nonimmigrant worker and he has not departed since that time. The Dir…
FEB042025_02A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The issue on appeal is whether the Applicant has established that there are compelling reasons preventing his return to Malaysia. The record reflects that the Applicant was admitted to the United States in A-2 nonimmigrant status in January 2007 to work for the Consulate General of Malaysia in (the consulate) in the position of U.S. Department of State (DOS…
FEB042025_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The Chief denied the petition, in part, based on a determination that the Petitioner did not demonstrate, by a preponderance of the evidence, that she invested or was actively in the process investing at least $1,000,000 in (the NCE) at the time she filed the petition in November 2019.2 The Chief determined that while it appeared that the Petitioner had inv…
FEB042025_02D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The Petitioner, a software development and consulting company, appeals the Director's denial of the petition and the related finding of fraud. Upon de novo review, we conclude that the denial of the petition, based upon the evidence that the Petitioner worked with another entity to unfairly increase the chances of the Beneficiary's selection in the H-lB reg…
FEB042025_03D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The Petitioner, a software development and consulting company, appeals the Director's denial of the petition and the related finding of fraud. Upon de novo review, we conclude that the denial of the petition, based upon the evidence that the Petitioner worked with another entity to unfairly increase the chances of the Beneficiary's selection in the H-lB reg…
FEB042025_04A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The issue on appeal is whether the Applicant has established that there are compelling reasons preventing his return to El Salvador. The record reflects that the Applicant was admitted to the United States in A-1 nonimmigrant status in 2008 and he most recently worked for the Consulate General of El Salvador inl I(the consulate) in the position ofl I U.S. D…
FEB032025_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2025
—
The Applicant was granted U nonimmigrant status as the qualifying family member of his child, after his minor daughter was sexually assaulted. After receiving an extension ofhis U status, the Applicant filed the adjustment application before his status expired. The Director denied the adjustment application as a matter of discretion. The Director acknowledg…
FEB032025_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2025
—
The Petitioner claims that the documents in the record show that in September 2018, she remitted a total of $500,0005 to the NCE's escrow account as her EB-5 investment. In support of her petition, the Petitioner offers the N CE' s December 2016 business plan. Page 1 of the 2016 business plan indicates that the NCE seeks to raise up to $8 million from 16 fo…
FEB032025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2025
—
The Director determined that the Petitioner qualifies for EB-2 classification as an advanced degree professional holding a U.S. equivalent bachelor's degree with at least five years of progressive post degree experience in the field of specialty. 8 C.F.R. § 204.5(k)(l)-(2), (k)(3)(i)(B). The Petitioner submitted a copy of her "titulo de Ingeniero Ambiental…
FEB032025_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2025
—
The Petitioner stated in support of her Form I-140, Immigrant Petition for Alien Workers, that she plans to "continue my research in the field of biomedicine, particularly cell biology and biomedical engineering for the universities in the United States." As noted above, the Director concluded the record does not establish the Petitioner received a one tim…
JAN312025_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
The Petitioner states that she is a professional ballroom dancer and instructor. In a personal statement, the Petitioner states that she began ballroom dancing at age 6 and taught in her own studio by age 16. She has participated in many national and international dance competitions, as well as trained and coached other dancers preparing for competition. Sh…
JAN312025_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
Inl I 2024, when the Petitioner was 16 years old, the District County Court inl I Texas (District Court) issued an Order in Suit Affecting the Parent-Child Relationship and Findings (SIJ order), including findings related to the Petitioner's eligibility for SIJ classification. The District Court appointed the Petitioner's aunt as his Sole Managing Conservat…
JAN312025_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
In September 2018, the Petitioner filed the instant U petition on the basis of an attack he experienced by an acquaintance at his work location in 2013. On the Form I-918 Supplement B, U Nonimmigrant Status Certification first Supplement B) below, the Assistant Chief of the I I of th _____ District Attorney ( certifying official) indicated that the Petition…
JAN312025_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
In denying the petition, the Director determined the Petitioner did not establish 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). The Director also concluded the Beneficiary fulfilled only two of six alternative initial evidentiary criteria, national or internatio…
JAN312025_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
The only issue before us is whether the Applicant has established extreme hardship to his spouse if the waiver request is denied. 2 He submitted below his marriage certificate and birth attestation letter; his spouse's letter and her psychosocial evaluation; birth certificates of their U.S. citizen adult sons (D-B-, T-B-, and E-B-)3; and letters from family…
JAN312025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
The
Petitioner intends to serve as the CEO of a Florida-based company that will provide condominium management software. The Petitioner intends to expand the use of his property management application, already in use in Brazil, to various markets in the United States. The Director found the Petitioner qualified for underlying EB-2 classification as a member…
JAN312025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2025
—
The Petitioner, a financial analyst and accountant, intends to operate a financial consulting business, offering "financial advisory, accounting and tax assistance services, as well as business courses with a special focus on immigrants" in California. The Petitioner claimed that her business would "help its clients do financial planning, manage debt, treat…
JAN302025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
The Director found that the Beneficiary 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 P…
JAN302025_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
The Petitioner indicated on page 6 of his petition that on June 26, 2019, he invested $500,0003 in I Ithe new commercial enterprise (NCE), which is sponsored by I II Ipursuant to the Immigrant Investor Pilot Program. The NCE proposes to pool up to $123,000,000 from 246 immigrant investors and will lend the entire amount to I I _____ for development and cons…
JAN302025_01D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
The Petitioner filed the underlying petition on behalf of the Beneficiary seeking new employment and requesting consideration under the H-lB numerical limitation (H-lB cap). After initially approving the petition, the Director notified the Petitioner ofUSCIS' intent to revoke the approval ofthe petition, with a finding of fraud, through a notice of intent t…
JAN302025_01D5101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
In denying the petition, the Director determined that the Petitioner had not sufficiently described the proposed training program as required under 8 C.F.R. § 214.2(h)(7)(ii)(B), concluding that the proposed training program did not meet the regulatory requirements because it dealt in generalities. The Director also determined that the Petitioner had not de…
JAN302025_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
The Petitioner claims that the documents in the record show that in November 2017, he remitted a total of $500,0005 to the NCE's escrow account as his EB-5 investment. A November 2017 letter from the president of _____ the job creating entity (JCE), states that the JCE received the $500,000 that the Petitioner purportedly invested in the NCE. In support of…
JAN302025_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
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 analytical framework. For the reasons set forth below, we agree that the Petitioner has not demonstrated eligibility under the Dhanasar framework and dismiss the appeal. The first pr…
JAN302025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2025
—
The Petitioner, through counsel, claims he intends to come to the United States to work as a CEO for a new healthcare consulting company that he will establish and operate. He asserts that his proposed endeavor aims to "help healthcare businesses optimize their human capital to improve performance, profitability, but most importantly enhance the allocation…