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NOV152024_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2024
—
A. Introduction
The Petitioner operates as a mixed martial arts training center specializing in Brazilian Jiu-Jitsu (BJJ) instructional programs. Page 4 of the petition indicates that the Petitioner seeks to employ the Beneficiary as a "BJJ athlete." The Petitioner stated at question #5 on the O and P Classification Supplement for the Beneficiary's proposed…
NOV152024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2024
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A . Motion to Reopen The Petitioner's filing does not state new facts, supported by documentary evidence. See 8 C.F.R. § 103.5(a)(2). "A motion that does not meet applicable requirements shall be dismissed." 8 C.F.R. § 103.5(a)(4). We will therefore dismiss the Petitioner's motion to reopen.
B. Motion to Reconsider 1. Misrepresentation of the Petitioner's…
NOV152024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2024
—
The Petitioner filed this petition on February 28, 2024. After analyzing the initial evidence, the Director issued a request for evidence (RFE), noting the deficiencies and inconsistencies in the record and provided the Petitioner a non-exhaustive of evidence he could submit to satisfy his burden. The Petitioner timely responded, and the Director denied the…
NOV152024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2024
—
The Petitioner filed this petition on February 28, 2024. After analyzing the initial evidence, the Director issued a request for evidence (RFE), noting the deficiencies in the record and provided the Petitioner a non-exhaustive list of evidence he could submit to satisfy his burden. The Petitioner timely responded, and the Director denied the petition concl…
NOV142024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
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According to the submitted business plan, the NCE intends to use the Petitioner's funds, together with those of its members not seeking benefits under the EB-5 program, to redevelop thel area ofl I Maryland. The project includes the renovation of historic townhouses and the construction of retail and office space and a hotel. The Petitioner indicates that h…
NOV142024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
The Petitioner, a citizen ofNigeria, entered the United States in 2017 with a visitor visa. The Petitioner married W-B-, 2 a U.S. citizen, in 2018. The Petitioner filed her VA WA petition in 2021 based on her marriage with W-B-. The Director issued a request for evidence (RFE) regarding, in part, the termination of the Petitioner's marriage to her prior spo…
NOV142024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
Inl 12023, the State of Arkansas, _____ _,Circuit Court Probate Division issued an order appointing the Petitioner's aunt as her permanent guardian. When the order was issued, the Petitioner was 19 years old. The order stated, in relevant part, that the court has jurisdiction under Arkansas law to make judicial determinations about the care and custody ofju…
NOV142024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
The record provides the following facts. The Applicant was born in I I2001 in Canada. In 2015 his U.S. citizen father, J-R-1 and his husband adopted the Applicant in Canada. With the Form N-600 filed in July 2023 when the Applicant was 22 years old, the Applicant submitted, among other documents, his adoption order and evidence of J-R-'s physical presence i…
NOV142024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
The issues on appeal are (1) whether the Applicant is inadmissible for fraud or willful misrepresentation a material fact and, if so, (2) whether he has demonstrated that his lawful permanent resident spouse will experience extreme hardship if the inadmissibility is not waived. Upon review, we conclude that the Applicant is inadmissible under section 212(a)…
NOV142024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
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. The first prong of the Dhanasar analytical framework req…
NOV142024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
The Director determined that the Petitioner qualifies as an advanced degree professional, but failed to establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not met the Dhanasar framework and dismiss the appeal. The first Dhanasar prong, substantial merit and nat…
NOV142024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
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…
NOV142024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2024
—
In denying the petition, the Director concluded that the Petitioner qualifies for underlying EB-2 classification as a member of the professions holding an advanced degree but did not establish that a waiver ofthe requirement ofa job offer, and thus a labor certification, would be in the national interest. Specifically, the Director determined that the Petit…
NOV132024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
The Petitioner indicated on page 6 of his petition that on May 26, 2018, he invested $500,000 1 into l(NCE), which is sponsored by l(the Regional Center). 2 According to the Supplement to Confidential Private Placement Memorandum, dated October 2017, the NCE proposes to raise $200,000,000 from 400 immigrant investors and lend the entire amount tol (the Borr…
NOV132024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
Because the Petitioner did not indicate or establish the Beneficiary has received a major, internationally recognized award, it must demonstrate the Beneficiary satisfies at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(l)-(8). The Director determined that the Petitioner submitted evidence related to the criteria at 8 C.…
NOV132024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
The Applicant filed her Form N-600 in February 2024 when she was 24 years old with evidence of her mother's naturalization in May 2008 when the Applicant was 9 years old, her parents' marriage at the time ofher birth, and copies ofthe biographic pages ofthe United States passports ofthe Applicant and her mother. The Applicant also submitted a letter verifyi…
NOV132024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
The Petitioner filed the instant petition based upon her February 2018 investment of $500,0004 into the NCE. The Acting Chief denied the petition, finding that the Petitioner did not establish the lawful source ofthe funds used for this investment or that the Petitioner's investment into the NCE will create at least 10 full-time positions for qualifying emp…
NOV132024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
The Director determined that the Petitioner qualified as an advanced degree professional but did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner did not demonstrate eligibility under the Dhanasar framework and dismiss the appeal. The first prong, substantial…
NOV132024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 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 as a Preschool Teacher and develop "a childcare center that offers a holistic approach to child development, combining techniques from pedagogy, play-based…
NOV132024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2024
—
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 agree with the Direc…
NOV122024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
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A. The Motion to Reopen A motion to reopen must state "new facts," supported by documentary evidence. 8 C.F.R. § 103.5(a)(2). "A motion that does not meet applicable requirements shall be dismissed." 8 C.F.R. § 103.5(a)(4). The Director dismissed the Petitioner's latest motion to reopen, finding that it lacked new facts. On appeal, the company does not disp…
NOV122024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
—
Our latest decision dismissed the Petitioner's prior motion to reopen, finding that, contrary to 8 C.F.R. § 103.5(a)(2), it did not state "new facts." See In R e: 31388927 (AAO June 25, 2024). We dismissed the Petitioner's prior motion to reconsider because we previously rejected the arguments it contained. Id. ; see, e.g. , Matter of O-S-G-, 24 l&N Dec. 56…
NOV122024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
—
The Applicant does not contest the finding of inadmissibility, which is based on her willful misrepresentation of a material fact in order to enter the United States with a nonimmigrant visa. The issues on appeal are whether the Applicant has established extreme hardship to her qualifying relative and, if so, whether she merits a waiver as a matter of discr…
NOV122024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
—
The record reflects that the Applicant was approved for U-1 nonimmigrant status from October 1, 2015, until September 30, 2019. On September 26, 2019, he filed the instant U adjustment application. The Director acknowledged the positive and mitigating equities present in the Applicant's case, including his lengthy residence in the United States since childh…
NOV122024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
—
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 does not satisfy, in the alternative, at least three of the 10 initial evidentiary criteria listed at 8 C.F.R. §§ 204.5(h)(3)(i)-(x). Specifically,…