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MotionNational Interest Waiver · Motion to reconsider

Oracle EBS consultant

Business & finance · decided 2025-04-21 · SCOPS · APR212025_09B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided
    The Director's denial rested on this
    Service Center Operations (SCOPS) denied the petition, concluding the Petitioner had not established his eligibility for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. p. 1
  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

Service Center Operations (SCOPS) denied the petition, concluding the Petitioner had not established his eligibility for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. See in text

What the AAO decided

  • The Petitioner subsequently filed an appeal and two motions to reconsider, which we dismissed. See in text
  • Upon de nova review, we will dismiss the motion. See in text
  • ORDER: The motion to reconsider is dismissed. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3)Matter of X citation
    Decision header
    Non-Precedent Decision of the Administrative Appeals Office U.S. Citizenship and Immigration Services · In Re: 37804117 Date: APR. 21, 2025 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, an Oracle EBS consultant, seeks employment-based second preference (EB-2) immigrant classification as either a member of the professions holding an advanced degree or an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this classification. See section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2).

    Service Center Operations (SCOPS) denied the petition, concluding the Petitioner had not established his eligibility for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. The Petitioner subsequently filed an appeal and two motions to reconsider, which we dismissed. The matter is now before us as a third motion to reconsider.

    The Petitioner bears the burden of proof to demonstrate eligibility by apreponderance of the evidence. Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de nova. Matter a /Christa 's , Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will dismiss the motion.

    A motion to reconsider must be filed within 33 calendar days of the decision that the motion seeks to be reconsidered. See 8 C.F.R. §§ 103.5(a)(l)(i) (providing a motion on an unfavorable decision must be filed within 30 calendar days of the date of the decision), 103.S(b) (providing 3 days shall be added to the prescribed period when notice is served by mail). There is no provision for us to excuse an untimely filing of a motion to reconsider. 8 C.F.R. §§ 103.5(a)(l)(i). Therefore, an untimely motion to reconsider must be dismissed.

    The Petitioner's motion to reconsider was filed 52 calendar days after the date we mailed the decision he requested we reconsider and is therefore untimely filed. We acknowledge the Petitioner's statements that, but for his motion being rejected for the incorrect fee amount, it would have been timely filed. However, as noted, there is no provision for us to excuse an untimely filing of a motion to reconsider. Moreover, each form, benefit request, or other document requiring a fee payment by regulation must be filed with the correct fee(s). 8 C.F.R. § 103.2(a)(l), (a)(7)(D); see generally 1 USCIS Policy Manual B.3, https://www.uscis.gov/policy-manual (providing, as guidance, requestors p. 2 must include the required fee amount, which is controlled by regulation, with the submission of a benefit request to USCIS).

    ORDER: The motion to reconsider is dismissed.