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MotionNational Interest Waiver · Motion to reopen

Organ transplant coordinator

Other / unclear · decided 2024-12-20 · NSC · DEC202024_05B5203

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

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Summary sentence

As such, her submission does not meet the requirements of a motion to reopen, and her motion must be dismissed. See in text

What the AAO decided

Read the full decision (1 page)

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. 20, 2024 · In Re: 34408229 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, an organ transplant coordinator, seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced, 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 Nebraska Service Center denied the petition, concluding that the record did not support a finding that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. We dismissed a subsequent appeal. The matter is now before us on motion to reopen. The Petitioner bears the burden of proof 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 reopen must state new facts and be supported by documentary evidence. 8 C.F .R. § 103.5(a)(2). 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 of Coelho, 20 l&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 support of the motion and previously submitted evidence including proof of certification as a Clinical Transplant Coordinator, copies of educational documents, and articles and information on organ transplantation. The Petitioner asserts that these documents establish eligibility, as evidence ofthe national importance ofthe proposed endeavor in organ donation and transplantation. However, the Petitioner does not submit any new evidence and does not assert any new facts supported by documentary evidence that establish eligibility, as required on motion to reopen. See 8 C.F.R. § 103.5(a)(2), (4). As such, her submission does not meet the requirements of a motion to reopen, and her motion must be dismissed. We will not re-adjudicate the petition anew and, therefore, the underlying petition remains denied.

    ORDER: The motion to reopen is dismissed.