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MotionNational Interest Waiver · Motion to reopen & reconsider

Mathematics teacher

Physical sciences & math · decided 2025-02-26 · TSC · FEB262025_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 petition, concluding the Petitioner had not established 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

  • Upon review, we will dismiss the combined motions. See in text
  • ORDER: The motion to reopen is dismissed. See in text
  • FURTHER ORDER: The motion to reconsider is dismissed See in text
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 (4)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: FEB. 26, 2025 · In Re: 37238387 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, a mathematics teacher, seeks employment-based second preference (EB-2) immigrant classification as amember of the professions holding an advanced degree and anational 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).

    The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest. We summarily dismissed the appeal and five subsequently filed combined motions to reopen and to reconsider. The Petitioner then filed an appeal of our motion decision, which we rejected. After the rejected appeal, the Petitioner filed an additional four motions to reopen and to reconsider. The matter is now before us on combined motions to reopen and to reconsider for atenth time.

    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). Upon review, we will dismiss the combined motions.

    A motion on an unfavorable decision must be filed within 33 calendar days of the date we mailed the decision. 8 C.F.R. §§ 103.5(a)(l), 103.8(b). On December 5, 2024, we mailed the Petitioner a notice of dismissal of her combined motions to reopen and to reconsider. On January 10, 2025, we received the Petitioner's Form I-290B, Notice of Appeal or Motion, requesting us to reopen and to reconsider our prior decision, which is 36 days after the unfavorable decision. Consequently, the motion to reconsider, which was filed after 33 days of the unfavorable decision, is dismissed. The Petitioner's motion to reopen does not claim or demonstrate that the delay in filing was reasonable or beyond the Petitioner's control. See 8 C.F.R. § 103.5(a)(l)(i) (providing guidance on late filed motions to reopen). As aresult, the Petitioner's motion to reopen is also dismissed as untimely filed. ORDER: The motion to reopen is dismissed.

    FURTHER ORDER: The motion to reconsider is dismissed