PetitionLens
All decisions
MotionNational Interest Waiver · Motion to reconsider

Public sector judicial law clerk

Public service & social · decided 2024-08-06 · TSC · AUG062024_04B5203

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

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

  • 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.

What the AAO decided

  • Upon review, we will dismiss the motion. See in text
  • As a result, the motion will be dismissed. 8 C.F.R. § 103.5(a)(4). See in text
  • ORDER: The motion to reconsider is dismissed. See in text
Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

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 (4)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: AUG. 06, 2024 · In Re: 32523635 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner seeks second preference immigrant classification, as well as a national interest waiver of the job offer requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2).

    The Director of the Texas Service Center denied the petition, concluding that a waiver of the required job offer, and thus of the labor certification, would not be in the national interest. We dismissed a subsequent appeal. The matter is now before us on motion to reconsider.

    The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the motion.

    A motion to reconsider must establish that our prior decision was based on an incorrect application of law or policy and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. 8 C.F.R. § 103.5(a)(3). Our review on motion is limited to reviewing our latest decision. 8 C.F.R. § 103.5(a)(l)(ii). We may grant motions that satisfy these requirements and demonstrate eligibility for the requested benefit. See Matter ofCoelho, 20 I&N Dec. 464,473 (BIA 1992) (requiring that new evidence have the potential to change the outcome).

    On motion, the Petitioner submits a brief, in which she reiterates her belief that she qualifies for the requested classification. In our prior decision, incorporated here by reference, we detennined that the Petitioner had not provided sufficient information to illustrate how her proposed endeavor would have substantial merit and national importance. We noted that the Petitioner stated that she was seeking to become a Judicial Law Clerk, and simultaneously discussed her goal of offering international trade consulting services to firms in the United States and abroad; however, she did not explain how she would apportion her time between working as a public sector judicial law clerk and working as an international trade consultant in the private sector. As a result, we concluded that she had not sufficiently established that her proposed endeavor in the United States would have substantial merit and national importance. See Matter ofDhanasar, 26 I&N Dec. 889-890 (AAO 2016).

    In the brief submitted with her motion, the Petitioner states that she "truly believes that she fulfills the three-prong framework outlined in" Dhanasar. The Petitioner again outlines "key aspects" of the duties ofa judicial law clerk and asserts their "national significance." However, notably, the Petitioner does not directly address our conclusions in our decision to dismiss her appeal and does not seek to clarify the details ofher specific proposed endeavor. She further does not assert that our prior decision was based on an incorrect application of law or policy at the time we issued our decision. As a result, the motion will be dismissed. 8 C.F.R. § 103.5(a)(4).

    ORDER: The motion to reconsider is dismissed.