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MotionNational Interest Waiver · Motion to reopen & reconsider

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Other / unclear · decided 2026-01-22 · service center unknown · JAN222026_06B5203

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

SCOPS denied the petition, concluding the Petitioner did not establish that eligibility for 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

  • We dismissed the Petitioner's appeal, as well as a subsequent motion to reconsider, a subsequent motion to reopen, and a further motion to reconsider. See in text
  • 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 (2)Matter of X citation
    Decision header
    Non-Precedent Decision of the Administrative Appeals Office U.S. Citizenship and Immigration Services · In Re: 40859238 Date: JAN. 22, 2026 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner seeks employment-based second preference (EB-2) classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement that is attached to this EB-2 immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).

    SCOPS denied the petition, concluding the Petitioner did not establish that eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest. We dismissed the Petitioner's appeal, as well as a subsequent motion to reconsider, a subsequent motion to reopen, and a further motion to reconsider. The matter is now before us on again on a motion to reconsider.

    U.S. Citizenship and Immigration Services records indicate that the Petitioner has an approved immigrant petition and has adjusted status to that of a U.S. permanent resident as of July 2025. While the Petitioner has not withdrawn the appeal in this proceeding, the Petitioner is presently a permanent resident and the issue in this proceeding is moot.

    ORDER: The motion to reconsider is dismissed.

    NOTICE: This constitutes the final decision in this matter. The filing of a motion will not postpone the effect of the decision. 8 C.F.R. § 103.5(a)(l)(iv). Aliens who are not lawfully present, or who are otherwise inadmissible or deportable, may be subject to the commencement of removal proceedings under section 240 ofthe Act through the issuance ofa Form 1-862, Notice to Appear. Those proceedings may result in their removal from the United States and possible ineligibility for future visas or other immigration benefits.