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DEC122024_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2024
—
USCIS accorded the Petitioner, a citizen of Mexico, U-1 nonimmigrant status from June 2018 until June 2022. Subsequently, USCIS adjusted the Petitioner's status to that of a lawful permanent
resident. In July 2022, while her adjustment application was pending, the Petitioner filed a U immigrant petition on behalf of the Derivative, her spouse, who is a cit…
DEC122024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2024
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The first issue to be addressed is whether the Petitioner established his eligibility for the underlying EB-2 classification. The Petitioner stated on his Form I-140, Immigrant Petition for Alien Workers, that he intends to work as a software engineer and architect in the United States. According to the professional plan submitted with the petition, he spec…
DEC122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2024
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A. Signature
The Petitioner filed this Form 1-290B, Notice of Appeal or Motion, indicating he is appealing the Director's denial of his national interest waiver. Part 4, question 6.a. of the Form I-290B seeks the Petitioner's signature. The Petitioner's signature appears simulated, as if created by an auto-pen or similar device, and has the appearance of a…
DEC122024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2024
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Regarding the national interest waiver, the first prong relates to the substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to establish a business, (company), which, as outlined in his business plan, is an"Aircraft Maintenance Repair and Overhaul Services firm that provides Aircra…
DEC122024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2024
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In denying the petition, the Director concluded that while the Petitioner qualifies as a member of the professions holding an advanced degree, he had not established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. Specifically, the Director determined that the Petitioner's endeavor did not…
DEC112024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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A. Relevant Evidence and Procedural History The Petitioner submitted a Supplement B signed by a detective with the I I Indiana Metropolitan Police Department. In Part 3 .1, Criminal Acts, the detective checked and crossed out"Felonious Assault," checked "Related Crime(s)" and "Other: Robbery, Battery." In Part 3.3 the detective listed the criminal activity…
DEC112024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
—
This timeline ofkey events relating to filings on the Beneficiary's behalf offers context for our ultimate determination: January 6, 2011 Employer 1 filed a qualifying employment-based petition with a priority date in May 2010 that was approved in May 2011.
August 2019
The Beneficiary accepted a position with Employer 2. Employer 2 submitted a prevailing w…
DEC112024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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The Director determined the Petitioner did not claim 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). In addition, the Director concluded the Petitioner established the Beneficiary's eligibility for only one criterion, national or international recognition under 8 C.…
DEC112024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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The record reflects that the Applicant first entered the United States in December 1990 with a nonimmigrant visa and adjusted his status to that of a lawful permanent resident (LPR) in October
2000. The Applicant was ordered removed to Argentina inl 2003 based on his convictions for possession of a controlled substance and crimes involving moral turpitude.…
DEC112024_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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A. Relevant Evidence and Procedural History The Petitioner submitted a Supplement B signed by the Captain, I I California Sheriffs Department. In Part 3.1, Criminal Acts of which the Petitioner was the victim, the detective checked "Felonious Assault." In Part 3.3 the Captain identified the criminal activity investigated or prosecuted as "CA Penal Code 243.…
DEC112024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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As noted above, the Director concluded that the Petitioner does not qualify for second preference immigrant classification as an individual of exceptional ability. The record does not clarify why the Director addressed whether the Petitioner may qualify for a national interest waiver ifhe was ineligible for second-preference classification. Because we never…
DEC112024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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The Petitioner is the current founder and president of~-------~a fitness company. The Petitioner endeavors to grow his brand and expand his business. In the denial decision, the Director determined the Petitioner qualifies for the underlying EB-2 visa classification as an advanced degree professional. However, the Director found the Petitioner did not estab…
DEC112024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
—
The Petitioner proposes to operate an architecture firm, ______________ 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 ofa job offer, and thus a labor certification, would be in the nati…
DEC112024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2024
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In the initial filing, the Petitioner stated that his proposed endeavor is to "continue working as a Sales Manager at I I In said role, he will "provide services to various U.S. logistics companies in the areas of pre-sale consulting management, sales support management, strategy optimization studies, and operational support management." By doing so, he con…
DEC112024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 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…
DEC102024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
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A. Motion to Reopen On motion, the Petitioner does not state new facts and submit documentary evidence. Instead, the Petitioner contests the correctness of our prior decision, which will be addressed below. Accordingly, the Petitioner's motion to reopen does not meet the requirements under 8 C.F.R. § 103.5(a)(2) and will be dismissed. B. Motion to Reconside…
DEC102024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
—
The Petitioner proposes to work as an industrial designer. 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 interes…
DEC102024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
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A. Motion to Reopen A motion to reopen must state new facts and be supported by documentary evidence. 8 C.F.R. § 103.5(a)(2). Our review on motion is limited to reviewing our latest decision. 8 C.F.R. § 103.5(a)(l)(ii). We may grant motions that satisfy these requirements and demonstrate eligibility for the requested benefit. See Matter of Coelho, 20 I&N De…
DEC102024_01D6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
—
A. Two-Year Meeting Requirement
Since the Petitioner does not claim that he and the Beneficiary met in person in the two years preceding the filing of the petition, the issue on appeal is whether he should be exempted from this requirement as a matter of discretion. The Form I-129F in this case was filed on December 12, 2022. Therefore, the Petitioner and B…
DEC102024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
—
A. Relevant Evidence and Procedural History The Applicant first entered the United States without inspection in 1986, when he was a minor child. Inl 12012, he pled guilty to aggravated criminal impersonation under Arizona law, for having used a false social security number to obtain employment. The Applicant was subsequently placed in removal proceedings an…
DEC102024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
—
The
Petitioner earned a bachelor's degree at a prestigious musical academy in Russia. He claims "opera level vocal abilities," and he performs "both as a soloist and as a member and leader of a music band he personally founded." The Petitioner claims to have "personally invented a musical sub-genre" by being"the first and only widely known performer of roc…
DEC102024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2024
—
The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree, and the record supports this determination. 2 The only issue on appeal is whether the Petitioner has met his burden of proof to establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national in…
DEC092024_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2024
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The Applicant entered the
I
United States onl I2023 as an A-2 nonimmigrant and his status was terminated onl 2023. At the time of his admission, the Applicant was I I with the Tunisian Army. In his affidavits, the Applicant stated he came to the United States to participate in the 2023 I The Applicant explained the purpose of the I I was to train and teach…
DEC092024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2024
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A. Facts and Procedural History The record shows that the Petitioner, a Kyrgyzstani native and citizen, earned a bachelor's degree in history from a university in his home country. Turkish universities later awarded him a master's degree in history and a doctorate in general Turkish history. Besides presenting 42 papers at international conferences, the Pet…
DEC092024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2024
—
The Petitioner filed the instant petition on March 22, 2018. The Petitioner claimed that he invested $500,000 in the NCE, which is affiliated with '-----------------------' regional center. The NCE proposed to pool $5 million and lend the entire amount to the job creating entity (JCE), The JCE intends to build and operate a hotel on the former _____________…