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JAN142025_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
—
The Petitioner filed the instant petition on February 28, 2024, to classify the Beneficiary as a special immigrant religious worker (minister). Upon de novo review, we conclude that the Petitioner did not establish that it is a bona fide non-profit religious organization because it did not provide a currently valid 50l(c)(3) determination letter from the IR…
JAN142025_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
—
A. Background
The Petitioner filed the Form I-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its habilitation counselor position is a specialty occupation under section 214(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-1 B classificat…
JAN142025_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
—
The Director determined the Petitioner did not show his receipt of a major, internationally recognized award under 8 C.F.R. §204.5(h)(3). Moreover, the Director concluded the Petitioner met only one (leading or critical role) of the five claimed alternate regulatory criteria under 8 C.F.R. § 204.5(h)(3)(i)-(x).
A. One-Time Achievement
The regulation at 8 C…
JAN142025_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
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The sole issue addressed by the Director is whether the Form 1-140 was accompanied by a valid labor certification for the specific job opportunity described in the petition. For the reasons provided below, we will withdraw the Director's decision and remand the matter to the Director for further review and entry of a new decision. A. Validity of Labor Certi…
JAN142025_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
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The Petitioner, a native and citizen of Nigeria, married his former U.S. citizen spouse, K-O-, 1 in Illinois in 2017 and filed his VA WA petition in January 2022 based on a claim of abuse by K-O-. The Director denied the VA WA petition, concluding that the Petitioner did not show that he was legally eligible to marry K-O- in 2017 because he did not demonstr…
JAN142025_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its program manager position is a specialty occupation under section 2 l 4(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-1 B classification a…
JAN142025_03D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
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The Petitioner seeks to employ the Beneficiary as a "direct support professional." It submitted a labor condition application (LCA) certified for a position in the occupational category of "rehabilitation counselors," standard occupational classification (SOC) code 21-1015.00. The Petitioner stated the position requires a bachelor's degree in psychology, so…
JAN142025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
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1 See Flores v. Garland, 72 F.4th 85, 88 (5th Cir. 2023) (joining the Third, Ninth, Eleventh, and D.C. Circuit Courts of Appeals in concluding that USCIS' decision to grant or deny a national interest waiver is discretionary in nature). 2
The Petitioner proposes to work in the United States as an entrepreneur. The Director of the Texas Service Center denie…
JAN142025_04D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 14, 2025
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its program manager position is a specialty occupation under section 2 l 4(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-1 B classification a…
JAN132025_01B7203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 13, 2025
—
The Petitioner indicated on page 6 of her petition that on July 2, 2019, she invested $500,0003 in I I the new commercial enterprise (NCE), which is sponsored by I I I Ipursuant to the Immigrant Investor Pilot Program. The NCE proposes to pool $25,000,000 from 50 immigrant investors in order to finance the development, construction and operation of a Ibrand…
JAN132025_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 13, 2025
—
The Director denied the petition on several grounds. Upon de novo review, we conclude that the record does not establish that the proffered position qualifies as a religious occupation and that the Petitioner is a member of the same type of religious denomination in which he seeks to work in the United States. Since the identified bases for denial are dispo…
JAN132025_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 13, 2025
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1. One Year Foreign Employment Requirement
The primary issue we will address is whether the Petitioner provided evidence that the Beneficiary has at least had at least one continuous year offull-time employment abroad with a qualifying organization within the three years preceding the filing of the petition, as required by section 101(a)(15)(L) of the Act a…
JAN132025_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 13, 2025
—
As an initial matter, we agree with the Director that the Applicant is inadmissible for fraud or willful misrepresentation under the Act. As the Director noted, the record contains specific evidence that in 2012 the Applicant applied for a U.S. nonimmigrant visa (NIV) in Vietnam, which he admits was fraudulently obtained after a $50,000 payment. He concedes…
JAN132025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 13, 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…
JAN102025_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Applicant's Form I-929 was approved in November 2020 and he filed his U adjustment application based on that approved petition in February 2021. The Director issued a request for evidence explaining the Applicant's fingerprint check showed that in 2023, during the pendency of his U adjustment application, the Applicant was arrested for sexual battery. T…
JAN102025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Petitioner, a language specialist, claimed that she qualifies for the underlying EB-2 visa classification as an advanced degree professional. The Director issued a Request for Evidence (RFE), explaining the record did not support that the Petitioner was an advanced degree professional and because she did not claim eligibility as an individual of excepti…
JAN102025_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
Onl I2024, the Superior Court of California, _____ Probate Division (superior court) issued a Minute Order (minute order) appointing J-S 1 to be the Petitioner's guardian pursuant to California Probate Code section 1514. In the same minute order, the superior court also determined that, among other findings necessary for SIJ eligibility under section 10l(a)…
JAN102025_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
A Relevant Facts and Procedural History The Petitioner filed her U petition in August 2016 with a Supplement B signed and certified by the Prosecuting Attorney of the I I Prosecuting Attorney Office (certifying official). In Part 3.1 of the Supplement B, the certifying official indicated that the Petitioner was the victim of"Felonious assault," "Attempt to…
JAN102025_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Petitioner, a healthcare staffing company, intends to employ the Beneficiary in the position of"registered nurse (intensive care unit)" and states that this position requires a bachelor's degree or higher in nursing. The Petitioner states that the Beneficiary will be placed for employment at the _____________________ Georgia. Additionally, the Petitione…
JAN102025_01K1610
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Appellant is affiliated with a number of NCEs - I
A-1, LLC; I I A-2, LLC; A-3, LP; and
_____ and one JCE, I The record, specifically, the JCE's business plan, indicates that it would use EB-5 capital the NCEs solicited from foreign nationals to"design[], build[], and operat[ e] an automotive plant that builds a new line of vehicles with reduced fuel co…
JAN102025_01M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Applicant pleaded guilty to one count of child abuse, neglect or endangerment in violation of Nevada Revised Statute § 200.508(2)(b)(l) (Nev. Rev. Stat.) and was sentenced to 364 days in detention with two days of credit for time served. 1 The sentence was suspended, and the Applicant was placed on probation for three years. The issue on appeal is wheth…
JAN102025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The
Petitioner proposes to continue his work as an industrial and refrigeration maintenance technician. The Director denied the petition, concluding that the Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree but that he had not met the three prongs of the analytical framework set forth in Matter of Dhanas…
JAN102025_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
A. The Petitioner and His Field The record shows that the Petitioner, a Kazakhstani native and citizen, earned bachelor's degrees in'translation and interpretation" and finance from universities in his home country. After working as a manager for about two years at a leasing company, he founded a consumer goods/construction company in Kazakhstan. Three year…
JAN102025_03D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Petitioner filed the underlying petition on behalf of the Beneficiary seeking new employment and requesting consideration under the H-1 B numerical limitation (H-1 B 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…
JAN102025_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
In 2017, the Petitioner earned a foreign bachelor's in engineering in electronic science and technology, and in 2022 she earned a PhD in materials science and engineering with a concentration in optics and photonics from a U.S. institution of higher education. At the time she filed this petition, she worked for a U.S. company as a research and development p…