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NOV222024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
—
In our previous decision, incorporated herein, we agreed w ith the Director's determination that the Petitioner met the plain language requirements of two evidentiary criteria relating to leading or critical role at 8 C.F.R. § 204.5(h)(3)(viii) and high salary at 8 C.F.R. § 204.5(h)(3)(ix). We further agreed w ith the Director's determination that the Petit…
NOV222024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
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As a preliminary matter, we emphasize that the appeal before us relates, in part, to the Director's April 2024 dismissal of the Petitioner's combined motions to reopen and reconsider, as well as the June 2023 denial of her Form T-140. See 8 C.F.R. § 103.5(a)(6). In the initial June 2023 decision, the Director concluded that the Petitioner's proposed endeavo…
NOV222024_03D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
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A. Background
The Petitioner filed the Form I-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its program manager 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 classification at…
NOV222024_04D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its assistant 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-lB classif…
NOV222024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
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The Director found that the Petitioner qualifies as an individual of exceptional ability in the sciences, arts, or business, and she is well positioned to advance the proposed endeavor. 4 The issue before us is whether the Petitioner has established that the remaining national interest waiver requirements have been met. The first prong of the Dhanasar analy…
NOV222024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
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The Director concluded the Petitioner did not establish his underlying eligibility for EB-2 classification as an advanced degree professional or an individual of exceptional ability, and furthermore that he did not establish any ofthe three prongs under the Dhanasar analytical framework, specifically that his proposed endeavor was nationally important; that…
NOV222024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2024
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The Director determined the Petitioner demonstrated her eligibility for the underlying EB-2 visa classification as an individual of exceptional ability in the sciences, arts, or business. The Director also determined that the Petitioner established the substantial merit of her proposed endeavor under Dhanasar 's first prong and that she was well-positioned…
NOV212024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
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Because the Petitioner has not indicated or established his receipt of a major, internationally recognized award, he must satisfy at least three of the regulatory criteria. The Petitioner claims that he meets three of the regulatory criteria, namely that he has made original contributions of major significance, has authored scholarly articles, and has perfo…
NOV212024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 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…
NOV212024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
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After receiving a revocation notice, a petitioner may file a motion to reopen, a motion to reconsider, or both. 8 C.F.R. § 103.5(a)(l)(i); 8 C.F.R. § 103.2(a)(l) (incorporating the instructions of Form 1290B, Notice of Appeal or Motion, into the regulations). A petitioner must generally file motions within 33 days of the date of the adverse decision's maili…
NOV212024_01B7203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
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The Petitioner claims to be one of 99 investors who pooled their funds together to invest in the NCE, a business that offers for-hire vehicle services inl INew York. On appeal, the Petitioner states that the NCE is managed by ____________ 4 and that the NCE continues to be "operational and ongoing." 3 The two-year job creation period described in 8 C.F.R. §…
NOV212024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
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The Petitioner is a citizen of the Ivory Coast who married P-B-1 in Massachusetts onl 2017. The Petitioner and P-B- were divorced in 2020 and the Petitioner filed her Form 1-360 self petition in November 2020 based on their relationship. On her Form 1-360, the Petitioner stated she lived with P-B- froml I2017 to October 2018 at an apartment on ________ Mas…
NOV212024_02B9204
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
The Petitioner is a citizen of Mexico who states she entered the United States in 2003. The Petitioner married A-J-1, a U.S. citizen, inc=]2018 and their marriage was annulled inl 12019. The Petitioner filed her Form 1-360 self-petition based on her relationship with A-J- in June 2021. The Director determined the Petitioner did not establish a qualifying re…
NOV212024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
On the Form I-140, Immigrant Petition for Alien Workers, the Petitioner described the proposed employment he seeks as "Brazilian Jiu-Jitsu Athlete." As noted above, the Director concluded the record does not establish the Petitioner received a one-time achievement of a major, internationally recognized award. The Director further determined that the record…
NOV212024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
The Beneficiary proposes to continue serving as a project controls engineer withl I"responsible for initiating, processing, and tracking architects and general contractors' assignments and contracts." The Beneficiary currently fulfills these duties for I I client, the I I School District I l in its capital improvement program, which includes "construction e…
NOV212024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
Upon de novo review, we conclude that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. Yet, for the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhanasar analytical fram…
NOV212024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
The Petitioner proposes to start and serve as the chief executive officer (CEO) of an IT-focused consulting service company, This company aims to "support the growing demand for professionals by providing specialized and technical courses, seminars, and workshops to improve [i]nformation [t]echnology [c]onsultants' knowledge." In the denial decision, the Di…
NOV212024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2024
—
Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to act in her capacity as a nurse and establish a company, In her revised business plan, submitted in response to the Director's request for evidence2, she stated…
NOV202024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
Because the Petitioner has not indicated or established his receipt of a major, internationally recognized award, he must satisfy at least three of the regulatory criteria. The Petitioner claims that he meets four of the regulatory criteria, namely that he had received a lesser nationally or internationally recognized award or prize, that he had membership…
NOV202024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
The Petitioner proposes to work in the United States as a researcher. The Director found that the Petitioner qualifies for the underlying EB-2 classification 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 lab…
NOV202024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
The Petitioner indicated on page 6 of her petition that she initially invested $200,379.953 in I Ithe new commercial enterprise (NCE), on September 12, 2018. The NCE is sponsored by I pursuant to the Immigrant Investor Pilot Program. According to the EB-5 Financing Agreement, the NCE proposes to pool up to $33,000,000 from 66 immigrant investors and lend th…
NOV202024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
The Petitioner filed her self-petition based on her marriage to S-F- 1, a U.S. citizen, in 2019. On the Form 1-360, the Petitioner stated that she had been married twice. As evidence of the termination of her first marriage to O-A-J-, the Petitioner initially submitted a Decree Nisi issued by the High Court ofLagos State, Nigeria onl I2016 and a Certificate…
NOV202024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
In this case, the Petitioner claims to have invested $500,000 in the NCE. According to the December 2017 business plan, the NCE seeks up to $8 million from 16 foreign national investors to lend to _ Ithe job creating entity (JCE), to develop and construct "a specialty grocery anchored shopping center inl lTexas." The NCE's Limited Partnership Agreement ind…
NOV202024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
The Director determined that the Petitioner qualifies for underlying EB-2 classification as a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. For the reasons di…
NOV202024_03B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2024
—
In this case, the Petitioner claims to have invested $500,000 in the NCE. According to the March 2018 business plan, the NCE seeks u to $3,500,000 from seven foreign national investors, and intends to lend the funds to the job creating entity (JCE), to develop, construct, and manage a daycare facility in New York. A September 2018 letter from I states that…