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NOV122024_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
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A petitioner must establish its ability to pay the proffered wage from the priority date of the petition until the beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include annual reports, federal tax returns, or audited financial statements. Id. If a petitioner employs 100 or more workers, USC…
NOV122024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
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The Petitioner proposes to start a law firm, with the aim of providing immigration paralegal and legal advisory services, preparing civil and criminal law petitions, appearing in court, and preparing individuals for immigration interviews. The Petitioner plans to "provide services to a broad range of business subjects within the industry." In the denial dec…
NOV122024_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
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Because the Petitioner has not indicated or established receipt of 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). The Petitioner initially claimed to have satisfied seven of these criteria, but the Director determined the Petitioner fulfilled only the published…
NOV122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 12, 2024
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The Petitioner claims to be an HV AC and electrical expert and intends to continue his work in this field in the United States. In denying the petition, the Director determined that the Petitioner did not establish that he qualified for classification as an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor c…
NOV082024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2024
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The Petitioner states that he is a "two-time I I World Champion, with sixteen (16) pro Mixed Martial Arts (MMA) wins." Since 2018, the Petitioner has spent much ofhis time in the United States in nonimmigrant status as a P-1 athlete and, later, a B-l /B-2 visitor. Since 2022, he has competed and coached for an MMA school and professional team based inl ICal…
NOV082024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2024
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The Director found the Applicant inadmissible for having committed fraud or material misrepresentation to obtain a visa and the Applicant does not contest this determination on appeal. The remaining issue on appeal is whether the Applicant has demonstrated extreme hardship to her spouse if the waiver is not granted. After reviewing the record in its entiret…
NOV082024_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2024
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In April 2002, the Applicant entered the United States presenting a fraudulently obtained photo-subbed Indian passport with an 0-2 non-immigrant visa to a Customs and Border Patrol officer. The Applicant is therefore inadmissible under section 212(a)(6)(C)(i) of the Act. The Applicant does not contest her inadmissibility. In support ofher waiver application…
NOV072024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2024
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The Applicant, a citizen ofBrazil, was granted U nonimmigrant status from February 2017 to February 2021 . She filed the instant U adjustment application in March 2021 . The Director therefore concluded that the Applicant did not continue to hold U nonimmigrant status at the time she filed her U adjustment application and, accordingly, could not establish h…
NOV072024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2024
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A. Exceptional Ability
The Petitioner has not claimed or demonstrated eligibility as a member of the professions holding an advanced degree. Therefore, to qualify for EB-2 classification, she must show that she is an individual of exceptional ability. In denying the petition, the Director determined that while the Petitioner fulfilled three ofthe six criter…
NOV072024_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2024
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The Petitioner married a U.S. citizen, A-F-, 1 in 2015. The Petitioner filed the instant VAWA petition based on his marriage to A-F-, claiming that she engaged in abusive behavior. In the denial, the Director stated that the VA WA petition was received on 5, 2021, which is more than two years after 4, 2019, the date the Petitioner divorced A-F-. Therefore,…
NOV072024_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2024
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in 2016 with a Supplement B signed and certified in 2016 (first Supplement B) by the Deputy District Attorney of the I I California District Attorney's office ( certifying official). At Part 3.1 of the Supplement B , which asks the certifying official to indicate the qualifying cri…
NOV062024_02B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2024
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established he 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). The Director determined the Petitioner met five of these evidentiary criteria relating to awards at 8 C.F.R. § 204.5(h)(3)(i…
NOV062024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2024
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The Director found that the record satisfied at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). However, the Director determined that the Petitioner "does not have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business" and, thus, did not establish exceptional ability. See…
NOV062024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2024
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The Director found (in a request for evidence), and the record-including a copy of a Brazilian engineer degree, school transcript, diploma evaluation, and letters from current or former employers indicates, that the Petitioner qualifies for the EB-2 classification as an advanced degree professional holding a U.S.-equivalent bachelor's degree with at least…
NOV052024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
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The record reflects that theApplicant was thrice convicted of driving while impaired (DWI) due to arrests inl I2007' 2021, and I 12023, indicating a repeateddisregardfor public safety and the laws ofthe United States. Moreover, the Applicant was arrested in 022 for fifth degree assault (at a local bar) and convicted of the amended charge of disorderly condu…
NOV052024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
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The Petitioner, a jiu-jitsu athlete, has competed in national and international jiu-jitsu competitions. The Director determined that the Petitioner is not the recipient of a one-time achievement that is a major, internationally recognized award, and the Petitioner does not contest this determination on appeal. As such, the issue to be addressed in this matt…
NOV052024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
—
In our prior appellate decision, incorporated here by reference, we upheld the Director conclusion that the Petitioner did not establish eligibility for a national interest waiver as he did not satisfy the second 1 Although the Petitioner's Form I-290B, Notice ofAppeal or Motion, marks only the box for a motion to reopen, the filing as a whole indicates tha…
NOV052024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
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The Petitioner initially claimed that his investment funds in the NCE originated from distribution of earnings from his business,! Ilocated in Kenya. The Petitioner and his brother each own 50% ofLJhaving contributed KES 100 from their savings at the time ofl I incorporation on 1990. With the initial filing, the Petitioner submitted a path of funds analysis…
NOV052024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
—
A. Relevant Procedural and Factual Background The Applicant was granted U-1 nonimmigrant status from December 2016 until December 2020. He timely filed his U adjustment application in November 2020. The Applicant disclosed in his U adjustment application, and his background check revealed, evidence of criminal history.1 According to the underlying record, t…
NOV052024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
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The Petitioner indicated on page 2 of her petition that on February 24, 2017, she invested $500,0003 in I I the new commercial enterprise (NCE), which is sponsored by I Ipursuant to the Immigrant Investor Pilot Program. According to the Confidential Private Placement Memorandum (PPM), the NCE proposes to pool up to $93,000,000 from 186 immigrant investors a…
NOV052024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
—
The Petitioner has not claimed she is a member of the professions holding an advanced degree, nor does the record contain evidence that the Petitioner previously earned a U.S. baccalaureate degree or its foreign equivalent. Therefore, to qualify for EB-2 immigrant classification, the Petitioner must establish she is an individual with exceptional ability in…
NOV052024_03B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 05, 2024
—
According to page 5 of the petition, the Petitioner stated that it invested at least $1,000,000 in the NCE, a telecommunications provider, between April 16, 2019 and November 18, 2019, the date the petition was filed. 3 The Petitioner also indicated on pages 6 and 7 ofhis petition that the NCE is owned by the Petitioner (50%) and one other individual (50%).…
NOV042024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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A. Facts and Procedural History The record shows that the Petitioner, an Argentinian native and citizen, earned a law degree in his home country in 1998. The following year, he established his own firm, specializing in tax law. Argentinian universities later awarded him a specialization in financial and tax law and a postgraduate degree in tax law. Since co…
NOV042024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The Director determined that the Petitioner established eligibility for the underlying EB-2 classification as an advanced degree professional. The remaining issues on appeal are whether the Petitioner has established the national importance of his proposed endeavor under Dhanasar 's first prong, that he is well-positioned to advance his proposed endeavor un…
NOV042024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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A review of any motion is narrowed to the basis for the prior adverse decision. Accordingly, we will examine any new facts and arguments to the extent that they pertain to our most recent decision - the dismissal of the Petitioner's appeal. Our analysis for these combined motions is limited to the following: whether we erred in dismissing the Petitioner's a…