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RemandedNational Interest Waiver · Motion to reopen

Compliance professional

Other / unclear · decided 2024-07-08 · TSC · JUL082024_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
    The Director's denial rested on this
    The Director denied the motion, concluding that the Petitioner did not meet the requirements to reopen the decision, as she did not demonstrate that her endeavor is of national importance or that it would be beneficial to waive the requirements of a job offer. p. 1
  • 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

We will therefore remand the matter to the Director for issuance of a new decision based on the record of proceedings. See in text

What the AAO decided

  • ORDER: The Director's decision is withdrawn. See in text
  • The matter is remanded for the entry of a new decision consistent with the foregoing analysis. 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
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: JUL. 08, 2024 · In Re: 31070169 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver)

    The Petitioner, a compliance professional, 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. § 1 l 53(b )(2).

    The Director of the Texas Service Center denied the petition. Subsequently, the Petitioner filed a motion to reopen the decision. The Director denied the motion, concluding that the Petitioner did not meet the requirements to reopen the decision, as she did not demonstrate that her endeavor is of national importance or that it would be beneficial to waive the requirements of a job offer. The matter is now before us on appeal. 8 C.F.R. § 103.3.

    When denying an application or petition, the Director must explain in writing the specific reasons for the denial. 8 C.F.R. § 103.3(a)(l)(i); see also, Matter ofM-P-, 20 l&N Dec. 786 (BIA 1994) (finding that a decision must fully explain the reasons for denying a motion to allow the respondent a meaningful opportunity to challenge the determination on appeal). In this instance, the Director did not provide any analysis of the evidence to support the conclusions that the motion was deficient. We will therefore remand the matter to the Director for issuance of a new decision based on the record of proceedings.

    ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new decision consistent with the foregoing analysis.