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Showing 4126–4150 of 7923 (page 166 / 317)
JAN242023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The Petitioner asserts on appeal that the 2021 W-2 form submitted to USCIS belongs to the senior pastor of the petitioning church and that the Beneficiary did not violate his immigration status by working unauthorized. The Petitioner does not contest any other issues within the Director's decision. Hence, we find that the Petitioner waives its claims relati…
JAN242023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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A. Relevant Facts and Procedural History In September 2015, the Petitioner filed the instant U petition with a Supplement B 1 signed and certified by the Commander ( of) Violent Crimes of the I I Police Department, as well as other documentation. The Supplement B indicated that Simple Robbery under Minnesota Statute Annotated (Minn. Stat. Ann.) section 609.…
JAN242023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The Applicant was granted U-1 nonimmigrant classification on October 6, 2016, through October 5, 2020. He did not file his U adjustment application until October 6, 2020, one day after his U nonimmigrant status expired. The record on appeal also indicates that the Applicant has not filed a Form 1-539, Application to Extend/Change Nonimmigrant Status, to ext…
JAN242023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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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…
JAN242023_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The Applicant was granted U-5 nonimmigrant classification on October 6, 2016, through October 5, 2020. He did not file his U adjustment application until October 6, 2020, one day after his U nonimmigrant status expired. The record on appeal also indicates that the Applicant has not filed a Form 1-539, Application to Extend/Change Nonimmigrant Status, to ext…
JAN242023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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A. Eligibility for the Requested Classification As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification. While we may agree with the Director's ultimate conclusion that the Petitioner has not established that a waiver of the required job offer would…
JAN242023_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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Although the Applicant has submitted new facts and legal arguments sufficient to meet the motion to reopen requirements, the evidence in the record is ultimately insufficient to establish his eligibility. A. The Applicant Has Satisfied the Requirements of a Motion to Reopen On motion, the Applicant has submitted new evidence, as follows: an affidavit, a tim…
JAN232023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
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The issue in this matter is whether the Director properly revoked the approval of the petition. As noted, the Director's decision was based on a determination that the Petitioner did not establish that (1) it continued to do business in the United States and (2) it had the ongoing ability to pay the Beneficiary's proffered wage.
A. Doing Business
Pursuant…
JAN232023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
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The Petitioner entered the United States in December 2000 without admission according to his VA WA petition.1 He married a U.S. citizen, A-A- ,2 inl 12015. In January 2018, the Petitioner filed the 1 On appeal, the Petitioner states that he entered the United Stated in October 1999. 2 Initials are used throughout this decision to protect the identity of the…
JAN232023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
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The Petitioner filed the U petition on September 19, 2016, after suffering physical abuse during a domestic violence incident. A Supplement B signed by thel Police Department on March 17, 2016, accompanied the U petition. The Director issued a request for evidence (RFE), advising the Petitioner that the Supplement B provided was not signed within the six mo…
JAN232023_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
—
The Petitioner is a senior fellow and acting instructor at the University of I He is a scientist in the field of biochemistry; the record demonstrates that his research on protein-based materials and artificial hydrogen production has been published in several journals and cited by numerous researchers, and that his work has garnered two early-stage commerc…
JAN232023_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
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A. Ability to Pay the Proffered Wage A petitioner must demonstrate its continuing ability to pay an offered position's proffered wage, from a petition's priority date until a beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of a business's annual reports, federal tax returns, or…
JAN232023_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2023
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A. Procedural and Factual History In 2002, two armed men entered the Petitioner's home when her three children were present. The children were aged 17, 13, and 10 years on the date of the incident. The assailants pointed firearms at the children, instructed the children to lay flat on the floor and not look at them, and stole property from the home and from…
JAN202023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
A. Relevant Evidence and Procedural History The Applicant, a native and citizen of Mexico, entered the United States in 1997. He filed Form 1-918, Petition for U Nonimmigrant Status and was granted U nonimmigrant status in October 2011, which was extended until March 2020. The Applicant's initial U adjustment application was denied in November 2015. The Dir…
JAN202023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
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A. Rejection or Revocation? The Director's decision indicates the petition's rejection and revocation. USCIS, however, could not have done both. If the Director rejected the petition, then USCIS did not accept it as filed and could not have legally approved it or revoked its approval. See 8 C.F.R. § 103.2(a)(7)(ii) ("A benefit request which is rejected will…
JAN202023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
A petitioner must demonstrate their ability to pay a proffered wage, from a petition's priority date until a beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of annual reports, federal tax returns, or audited financial statements. Id. In determining ability to pay, USCIS examine…
JAN202023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
In this case the Petitioner claims to have invested at least $500,000 in the NCE. According to page 2 of an 2016 business plan, the NCE seeks to solicit funds from noncitizen investors to lend to LLC to facilitate the development of a Four Seasons Hotel and residential property in _ ___,Massachusetts. The Petitioner explained in an August 2018 letter she in…
JAN202023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
In I 201 7, when the Petitioner, a native and citizen of Guatemala, was 18 years old, the Massachusetts Probate and Family Court forl (Family Court), issued a "DECREE ON
Amended COMPLAINT IN EQUITY WITH SPECIAL FINDINGS OF FACT AND RULINGS OF
LAW" (SIJ order). Following a request for evidence, the Director denied the SIJ petition, concluding that he did no…
JAN202023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
The Petitioner filed his Form I-918 with a Form 1-918 Supplement B, U Nonimmigrant Status Certification (Supplement B), in 2016 seeking U nonimmigrant classification based on having been the victim of a carjacking under section 215(a) of the California Penal Code (Cal. Penal Code). The Director denied the Form I-918 after concluding the Petitioner was the v…
JAN202023_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
On appeal, the Petitioner maintains that it is not an agent for the Beneficiaries' purported U.S. employers. Rather, it is the Beneficiaries' employer. The record includes a January 2022"Professional Services Contract," executed by the Petitioner's general manager and one of the Beneficiaries acting on behalf of the musical group. The contract indicates tha…
JAN202023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
The Applicant was granted U-1 nonimmigrant classification on October 6, 2016, through October 5, 2020. She did not file her U adjustment application until October 6, 2020, one day after her U nonimmigrant status expired. The record on appeal also indicates that the Applicant has not filed a Form 1-539, Application to Extend/Change Nonimmigrant Status, to ex…
JAN202023_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
Page 2 of the petition alleges that the Petitioner made his initial investment of $92,500 in I ___ Inc., the NCE, in March 2004. It further claims that his total capital investment was $2,728,000 at the time he filed the petition in 2016. On page 11 of a November 2018 letter, the Petitioner claimed that "[t]he source of funds used by [him] to invest in [the…
JAN202023_02D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
Page 26 of the O and P Classifications Supplement to Form I-129 indicates that the Petitioner seeks to hire the Beneficiary to "participat[e] in track and field competitions." Based on a review of the evidence, we conclude that the Petitioner has not established its eligibility to classify the Beneficiary as an internationally recognized athlete.
A. Itiner…
JAN202023_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2023
—
The Applicant is a native and citizen of Mexico. In March 2017 , USCIS granted the Applicant U-1 nonimmigrant status valid through March 2021 . The Applicant timely filed the instant U adjustment application in August 2020. The Director issued a request for evidence (RFE) seeking a statement of continuous physical presence, and evidence that the Applicant d…
JAN192023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2023
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Because the Petitioner has not indicated or established that he has 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). Before the Director, the Petitioner claimed he met the following six categories: • Lesser prizes or awards;
• Membership;
• Published ma…