KUNG

Interim Decision #2762 MATTER OF KUNG In Section 248 Proceedings A-22870733 Decided by Commissioner June 29, 1978 (1) Applicant filed application for change of nonimmigrant status under section 248 of the Immigration and Nationality Act, 8 U.S.C. 1258, from that of nonimmigrant student to that of treaty investor under section 101(a)(15)(E)(ii) of the Act, S U.S.C. 1101(a)(15)(E)(ii). The application was denied on grounds that the applicant failed to establish his investment did not represent a small amount of capital in a marginal enterprise; failed to demonstrate an ability to control the…