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FEB102025_02M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
—
The issue on appeal is whether the Applicant has met her burden ofproof to show that she is not barred from TPS because she is inadmissible for being a member of the Communist or any other totalitarian party. Upon review ofthe record as supplemented on appeal, we conclude that she has met her burden. The Director denied the Applicant's request for TPS becau…
FEB102025_03D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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A. Relevant Facts and Procedural History In February 2015, the Petitioner filed his U petition with a Supplement B signed and certified by the Chief of Family Violence in the I !County District Attorney office. In response to Part 3.1 of the Supplement B, which provides check boxes for the 28 qualifying criminal activities listed in section 101(a)(15)(U)(ii…
FEB102025_03D3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The issue before us is whether the Director properly revoked the approval of the petition under the provisions at 8 C.F.R. § 214.2(h)(l l)(iii)(A). For the reasons discussed below, we conclude that the approval was properly revoked under 8 C.F.R. § 214.2(h)(l l)(iii)(A)(2) because the statement offacts contained in the petition was not true and correct. The…
FEB102025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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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…
FEB072025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2025
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The Director determined that the Petitioner 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 t…
FEB072025_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2025
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The Petitioner is a Christian church located in I I Florida, and seeks to employ the Beneficiary as its senior pastor. In her decision, the Director concluded that the Petitioner had not submitted a currently valid determination letter from the IRS confirming its tax-exempt status. Also, the Director determined that the Petitioner had not established that t…
FEB072025_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2025
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A. Relevant Facts and Procedural History Inl I2022, when the Petitioner was 3 years old, the I I County District Court (District Court) in Texas issued an ORDER GRANTING ADOPTION (Order). Among the relevant determinations, the district court found that the Petitioner's mother relinquished her parental rights and that his father was deceased. In granting the…
FEB072025_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2025
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The Petitioner filed this fiance petition on March 30, 2022. On her Form I-129F, the Petitioner indicated she and her fiance had not met in person during the two-year period immediately preceding the filing ofher petition, explaining that the last time she had met him in person was during her "winter holiday (12/21/2019 - 1/2/2020), ever since then, Covid p…
FEB072025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2025
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The Director did not make a finding in the decision as to the threshold question of the Petitioner's eligibility for the underlying EB-2 immigrant classification, however the Director stated in a request for evidence (RFE) that the Petitioner qualifies for the classification as an advanced degree professional. Based upon his bachelor's degree in business ad…
FEB062025_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2025
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A. Relevant Facts and Procedural History In August 2016, the Petitioner filed her U petition with a Supplement B signed and certified by an Assistant District Attorney in the I ICounty California District Attorney's Office (certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involvin…
FEB062025_01D3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2025
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The issue before us is whether the Director properly revoked the approval of the petition under the provisions at 8 C.F.R. § 214.2(h)(l l)(iii)(A). For the reasons discussed below, we conclude that the approval was properly revoked under 8 C.F.R. § 214.2(h)(l l)(iii)(A)(2) because the statement offacts contained in the petition was not true and correct. The…
FEB062025_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2025
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States. 1 Because he has an outstanding order of removal, he will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs. The record indicates that in 1995 the Applican…
FEB062025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2025
—
The
Director determined that the Petitioner qualifies for EB-2 immigrant classification as an advanced degree professional, but did not establish her eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not established eligibility for the requested national interest waiver…
FEB052025_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
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The issue on appeal is whether the Applicant has established that there are compelling reasons preventing her return to Suriname. The record reflects that the Applicant was admitted to the United States in A-1 nonimmigrant status on October 19, 2015, and she worked for the Consulate General of the Republic of Suriname inl (the consulate) in the position of…
FEB052025_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
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The Petitioner describes itself as "an international research and service institution for the therapeutic services ofautism." The petitioning U.S. employer is a subsidiary of _______ a Chinese company described as "a global provider of cutting-edge machine vision solutions and multimedia interactive technology." The Beneficiary worked for I I as a deputy ge…
FEB052025_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
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The Petitioner asserted eligibility based on an investment into ____ _______ the new commercial enterprise (NCE) in the amount of $500,000 on January 11, 2017. 1 The NCE, affiliated with the regional center, _____________ proposed to pool up to $350,000,000 from 700 immigrant investors to finance the redevelopment of a hotel, theater, and retail/entertainme…
FEB052025_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
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The Petitioner seeks classification as a religious worker as the Director of the Intercession Ministry at _________ a church which operates asl I In her decision, the Director determined that the position did not qualify as a religious occupation due to the nature ofthe proposed duties and the lack of sufficient evidence that it would be a full-time positio…
FEB052025_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
—
In March 2024, the Beneficiary was selected in the H-lB registration process. The resulting registration selection notice informed the Petitioner any H-1 B petition filed on the Beneficiary's behalf must be properly submitted in between April 1, 2024, and June 30, 2024. The Petitioner submitted their initial H-lB petition on June 24, 2024, but USCIS rejecte…
FEB052025_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
—
The record reflects that in September 2020, the Petitioner, a citizen of Nigeria, filed aVAWA petition. In March 2024, through a notice of intent to deny (NOID), the Director informed the Petitioner that the record did not contain documentation establishing that she legally terminated her first marriage prior to the inception of the instant marriage. In res…
FEB052025_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
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The Petitioner earned her PhD in Engineering of Informatics and gained experience as an associate professor in her home country.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 2…
FEB052025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2025
—
The Director determined 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. On the Form I-140 (I-140), Immigrant Petition for A…
FEB042025_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
—
The issue on appeal is whether the Applicant has established that there are compelling reasons preventing her return to Niger. The record reflects that the Applicant was admitted to the United States in G-1 nonimmigrant status on September 6, 2004, with her mother who worked as I I to the Mission of Niger to the United Nations in New York, NY. The Applicant…
FEB042025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
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The Director found that the record did not establish that the Petitioner is an advanced degree professional or an individual of exceptional ability. 2 Additionally, the Director found that the Petitioner did not establish he meets the national interest waiver requirements. Specifically, while the Director determined that the proposed endeavor has substantia…
FEB042025_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
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The Petitioner claims that the documents in the record show that in April 201 7, she remitted a total of $500,0005 to the NCE's escrow account as her EB-5 investment. An April 2017 letter from the president ofl Ithe job creating entity (JCE), states that the JCE received the $500,000 that the Petitioner purportedly invested in the NCE. In support of her pet…
FEB042025_01D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 04, 2025
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The Petitioner, a software development and consulting company, appeals the Director's denial of the petition and the related finding of fraud. Upon de novo review, we conclude that the denial of the petition, based upon the evidence that the Petitioner worked with another entity to unfairly increase the chances of the Beneficiary's selection in the H-lB reg…