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MotionNational Interest Waiver · Motion to reconsider

Entrepreneur

Business & finance · decided 2024-12-03 · TSC · DEC032024_08B5203

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.

Summary sentence

The Director of the Texas Service Center denied the Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the record did not establish that the Petitioner was eligible for and merited a national interest waiver as a matter of discretion. See in text

What the AAO decided

  • Upon review, we will dismiss the motion. See in text
  • As the Petitioner does not assert that our decision to dismiss his motion was based on an incorrect application of law or policy, or that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision, we will dismiss the motion. 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)

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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
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: DEC. 03, 2024 · In Re: 35465872 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, an entrepreneur, seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this 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 Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the record did not establish that the Petitioner was eligible for and merited a national interest waiver as a matter of discretion. We summarily dismissed an appeal after concluding the Petitioner did not identify any erroneous conclusion of law or statement of fact in the Director's decision. 1 We also dismissed a subsequent motion to reconsider. The matter is now before us on a second motion to reconsider. The Petitioner bears the burden ofproofto demonstrate eligibility by a preponderance of the evidence. Matter ofChawathe, 25 I&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.

    In his second motion to reconsider, the Petitioner submits, in essence, the same brief and evidence that he provided with his first motion, which only raises issues related to the Director's decision. He does not, however, contest the correctness of our decision to dismiss his first motion to reconsider, which is the latest decision in these proceedings. As the Petitioner does not assert that our decision to dismiss his motion was based on an incorrect application of law or policy, or that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision, we will dismiss the motion. 8 C.F.R. § 103.5(a)(4).

    ORDER: The motion to reconsider is dismissed.