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FEB152024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2024
—
The Petitioner is an entrepreneur who has also engaged in municipal politics and contributed to philanthropic projects. He states that he would like to "continue [his] life's work in the United States" and remain involved in entrepreneurial activities.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he received a major,…
FEB152024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2024
—
A. The Petitioner's Proposed Endeavor
The Petitioner's form I-140 indicated that they proposed to endeavor to work as a project director launching "[geographical information system] GIS [and] digital initiatives for renewable energy business expansion by leading managers of highly efficient teams to handle fast growing business units." But the description o…
FEB152024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2024
—
The Director concluded that the Petitioner's endeavor has substantial merit but not national importance under the first prong of Dhanasar.2 On appeal, the Petitioner asserts that the Director misapplied the Dhanasar analytical framework, imposed ultra vires evidentiary requirements, and was negligent or biased in its adjudication. Despite the Petitioner's c…
FEB152024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2024
—
We first note that the record does not support the Director's conclusion regarding second-preference eligibility. The Director asserted, "In the instant case, the [P]etitioner submitted evidence with Form I-140 which establishes [he] has completed his Bachelor in Business Administration and thus qualifies as a member of the professions holding an advanced d…
FEB152024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2024
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A. Categorical Ineligibility for EB-2 Classification In the first instance, we conclude that the Petitioner has not provided relevant, material, or probative evidence to demonstrate their categorical eligibility for classification as an EB-2 immigrant. So we withdraw the Director's conclusion that the Petitioner is an advanced degree professional classifiab…
FEB152024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 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 conclude that the Pe…
FEB152024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 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 conclude that the Pe…
FEB142024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
The primary issue to be addressed is whether the Petitioner provided sufficient evidence to establish that it would employ the Beneficiary in an executive capacity, as claimed. As a preliminary matter, we will address the Petitioner's claim that the evidentiary deficiencies at the time offiling and in response to a request for evidence (RFE) were the result…
FEB142024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
After the Chief issued the NOID that informed the Petitioner of the deficiencies in his petition, the Petitioner made impermissible material changes in an effort to make an apparently deficient petition conform to USCIS requirements. See Matter ofIzummi, 22 I&N Dec. at 175-76. Specifically, the NCE's November 2020 business plan and other documents that the…
FEB142024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 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)(])-(8). The Director determined the Beneficiary fulfilled only two criteria, judging under 8 C.F.R. §…
FEB142024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
The issues on appeal are whether the record establishes that the Applicant is inadmissible for a crime involving moral turpitude, whether the conviction is a violent or dangerous crime, and if so, whether the Applicant is eligible for a waiver of inadmissibility under section 212(h) of the Act.
A. Inadmissibility
The record reflects that the Applicant resi…
FEB142024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
A. The Proposed Endeavor
The record shows that the Petitioner earned a master's degree in English from a university in the Republic of Georgia, her home country. She then worked about 25 years as an English teacher at a Georgian public school, from 1996 to 2021. In 2011, she founded a non-governmental organization where she organized various projects promot…
FEB142024_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
A. Procedural History
In February 2016, the Petitioner filed the instant U petition on the basis of the crime of perjury perpetrated against her by D-C-,2 her former attorney. On the Form I-918 Supplement B, U Nonimmigrant Status Certification (Supplement B) below, the Chief Deputy District Attorney of the Jefferson County (Alabama) District Attorney's Offi…
FEB142024_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
The issues on appeal are whether the record establishes that the Applicant is inadmissible for fraud or misrepresentation and if so, whether the Applicant is eligible for a waiver of inadmissibility under section 212(i) of the Act. 2
A. Inadmissibility
As stated above, the Applicant has been found inadmissible for fraud or misrepresentation, specifically t…
FEB142024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
Regarding the national interest waiver, the first prong relates to the substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. For the reasons discussed below, we conclude that the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor under the first prong of the Dhan…
FEB142024_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
With the Form I-601, Application for Waiver of Grounds oflnadmissibility (waiver application), the Applicant submitted a letter from her U.S. citizen spouse, copies of her and her spouse's identification documents, a mental health evaluation of her U.S. citizen spouse, copies of insurance documents, copies of tax records from the years 2018 and 2019, pay st…
FEB142024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2024
—
We agree with the Director's determination that the Petitioner established her eligibility for EB-2 classification as a member of the professions holding an advanced degree. 3 However, the Director concluded the Petitioner did not establish that a waiver of the required job offer, and thus a labor certification, would be in the national interest. The Direct…
FEB132024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
The Petitioner claims to have worked as a marketplace entrepreneur in Russia where he specialized in e-commerce. He claims that his achievements in his field of expertise have been recognized on a national level.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, h…
FEB132024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
Beginning in 1981, the Petitioner's president/co-shareholder operated an accounting business as a sole proprietorship. 1 As a sole proprietor, he ran the business in his personal capacity, owning all its assets and owing all its liabilities. See generally 2 USCIS Policy Manual L.(5)(A), www.uscis.gov/policy manual ( discussing sole proprietorships in the c…
FEB132024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
On the current motion, the Petitioner submits an "Amended Order - Special Findings (amended order)" and asserts, in relevant part, the amended order contains a qualifying parental reunification determination. As a requirement to establishing eligibility for SIJ classification, petitioners must show they have been subject to a state juvenile court order dete…
FEB132024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
As noted above, the Applicant submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, seeking to adjust status to that of a lawful permanent resident. In her Form I-485, the Applicant disclosed that she had been in the United States for approximately nine months between April and December 1997, but failed to disclose this infor…
FEB132024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
The Petitioner is a visual artist who specializes in creating large-scale murals. He intends to continue working as an artist in the United States. As a preliminary matter, we acknowledge that the Petitioner has been the Beneficiary of an approved O-lB petition. Although USCIS has approved at least one O-lB nonimmigrant visa petition filed on behalf of the…
FEB132024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
The Director determined that the Petitioner qualifies as a member of the professions with a bachelor's degree and progressive post-baccalaureate experience equivalent to a master's degree under 8 C.F.R. § 204.5(k)(2). We need not consider the Petitioner's parallel claim of exceptional ability. The remaining issue to be determined is whether the Petitioner h…
FEB132024_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
The issue on appeal is whether the Applicant has demonstrated that her spouse would experience extreme hardship. The Applicant does not contest the finding of inadmissibility, a finding supported by the record. 1 We have considered all the evidence in the record and conclude that it does not establish that the claimed hardships rise to the level of extreme…
FEB132024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2024
—
The Petitioner seeks to work as a physical therapist and therefore support the health industry in the United States. 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 require…