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OCT302024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
—
The Petitioner is the founder and general manager of a marketing consultancy company in China, where he claims to have developed the theory of "value chain marketing" and to have published two books in the field of marketing. In denying the petition, the Director determined that the Petitioner met one of the criteria he claimed to have satisfied: performanc…
OCT302024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal 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, substantial…
OCT302024_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
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The issue before us on motion is whether the Petitioner has provided proper cause for reopening or reconsideration. As detailed in our two prior decisions, the Petitioner indicated on the labor certification filed on the Beneficiary's behalf that the offered position of bookkeeper requires two years of experience in the job offered. For the Beneficiary to m…
OCT302024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
—
The Petitioner submits a copy of a 2017 letter from a Russian gold mining company. In part, the letter recognizes the Petitioner for his work in helping to set up the company's "booth" at an international economic forum. The letter praises his "individual approach to each member , creative approach to accomplishment of assignments and prompt response to req…
OCT302024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
—
The Director determined that the Beneficiary qualifies for the underlying EB-2 immigrant classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, would be in the national interest. Upon de novo review, we agree with…
OCT292024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 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 three ofthe claimed evidentiary criteria relating to judging at 8 C.F.R. § 204.5(…
OCT292024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The Director found, and the record (including evidence of the Petitioner's U.S. bachelor and master of engineering degrees and related university transcripts) shows, that he qualifies for the underlying EB-2 classification as an advanced degree professional. 8 C.F.R. §§ 204.5(k)(l)-(2), (k)(3)(i)(A). The remaining issue on appeal is whether he warrants a di…
OCT292024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
A. Relevant Facts and Procedural History The Petitioner filed his VA WA petition in June 2022, asserting that he was the abused parent of his U.S. citizen daughter, G-G-G-. 1 In support of his VAWA petition, he submitted a personal statement indicating that when G-G-G- was in high school, she began to exhibit behavioral problems including smoking marijuana…
OCT292024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The Petitioner filed this fiancee petition on behalf of the Beneficiary on February 24, 2023, thus the relevant period in which he must show he and the Beneficiary met is between February 24, 2021, and February 23, 2023. On the Form I-129F, the Petitioner responded "yes" to the question about whether he and the Beneficiary had personally met in the two-year…
OCT292024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The record reflects that the Applicant first entered the United States without inspection onl 123, 2008, and onl 124, 2008, she was expeditiously removed from the United States. She asserts that she reentered the United Stat…
OCT292024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The Petitioner is an accomplished pole fitness performer who will continue to perform in her sport as well as teaching. We begin noting an issue the Petitioner raises on appeal. The Petitioner noted the Director's decision characterized her as a pole dancer instead of a pole fitness performer. Although we agree the Director utilized that phrase, we observe…
OCT292024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 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…
OCT292024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
A. Relevant Facts and Procedural History Inl I2017, the Family Court of the State of New York, _____ __,(family court), issued an order appointing Y-T- 1 to be the Petitioner's guardian under section 661 of the New York Family Court Act (N.Y. Fam. Ct. Act) and section 1707 of the New York Surrogate's Court Procedure Act (N.Y. Surr. Ct. Proc. Act). In a sepa…
OCT292024_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The birth certificate of the Applicant's father contained in the record reflects that he was born in California in 1929. The Applicant's birth certificate and her parents' Mexican marriage certificate collectively establish that she was later legitimated under the laws of Mexico in I 950, as required to satisfy section 205 of the 1940 Act. Consequently, the…
OCT292024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
The Petitioner filed the petition in September 2023 and describes his two-fold proposed endeavor as follows: 1) to research and develop a "system for context-based responses to enhance strategic indirect communication in advertising, forensic language analysis, and social media," (the record contains an alternative description of his endeavor as "develop a…
OCT292024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 29, 2024
—
In denying the petition, the Director determined that the Petitioner did not meet any of the criteria for exceptional ability, but later in dismissing the combined motion to reopen and reconsider they concluded he established eligibility under the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A), related to him submitting an official academic record showing that…
OCT282024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
The Petitioner claims to have expertise in management and finance and intends to work as a management and financial analyst in the United States. In denying the petition, the Director determined that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, she had not established that a waiver of the re…
OCT282024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
A petitioner must demonstrate its continuing ability to pay an offered job's proffered wage, from a petition's priority date until a beneficiary obtains U.S. permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of a petitioner's annual reports, federal tax returns, or audited financial statements. Id. When co…
OCT282024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
In this case, the Petitioner claims to have invested $500,000 in the NCE. The most recent business plan claims the NCE seeks to raise up to $35,000,000 in EB-5 funds from 70 immigrant investors to loan to the job creating entity (JCE). The JCE plans to use the EB-5 capital and other funds to renovate an existing ski resort into a year-round vacation resort…
OCT282024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
The record provides the following facts and procedural history. The Petitioner is a citizen of Senegal who last entered the United States in 1999 as a visitor. The Petitioner filed his Form I-360 self-petition 2
in November 2020, based on his prior marriage to B-N- 1, a U.S. citizen, in 2010. The Petitioner and B-N- were divorced in 2016. Because the Petit…
OCT282024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
A. Relevant Facts and Procedural History The Petitioner filed her Form I-918 claiming that she was the victim of a qualifying criminal activity perpetrated against her in 2015. With the Form I-918, the Petitioner submitted a Supplement B, signed and certified by the chief ( certifying official) of the I IPolice Department in I I I IIllinois in 2016. 1 The c…
OCT282024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
The issue on appeal is whether the Applicant has established that he was residing in the United States in the legal custody of his mother when the mother naturalized in October 2011 or thereafter and prior to his 18th birthday. The Applicant represented on his Form N-600 that his parents were married and subsequently divorced in China and that he and his mo…
OCT282024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
The Petitioner claimed on page 6 of her petition that on September 22, 2017, she invested $500,0003 into I 4(NCE), which is sponsored by 5 (the Regional Center). According to the Confidential Private Placement Memorandum, the NCE proposes to raise $35,000,000 from 70 immigrant investors and lend the entire amount to I 6 the job-creating entity (JCE). The bu…
OCT282024_03B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 28, 2024
—
The Petitioner asserted on page 6 of her petition that on September 22, 2017, she invested $500,0003 intol 4(NCE), which is sponsored by I 5 (the Regional Center). According to the Confidential Private Placement Memorandum, the NCE proposes to raise $35,000,000 from 70 immigrant investors and lend the entire amount to I 6 the job-creating entity (JCE). The…
OCT252024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 25, 2024
—
A. Facts and Procedural History The record shows that the Petitioner, an Egyptian native and citizen, attended a university in his home country, earning a bachelor of science degree in zoology and master's and doctoral degrees in entomology. He has since worked as an assistant/associate professor at universities in Egypt, Saudi Arabia, Lebanon, and the Unit…