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RemandedNational Interest Waiver · Motion to reopen & reconsider

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Other / unclear · decided 2021-07-20 · NSC · JUL202021_02B5203

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 matter is now before us on appeal, While we conduct de nova review, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review. See in text

What the AAO decided

  • ORDER: The matter is remanded for the entry of a new decision, which, if adverse, shall be certified to us for review. 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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services InRe: 15983646 · Appeal of Nebraska Service Center Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: JULY20,2021 · Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National Interest Waiver)

    The Petitioner seeks second preference immigrant classification, as well as a national interest waiver of the job offer requirement attached to this EB-2 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 Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. The Petitioner filed a subsequent motion to reopen and motion to reconsider. The Director determined thatthe Petitioner had not demonstrated "eligibility for the requested benefit" or "that the decision was incorrect based on the evidence ofrecord at the time of the initial decision." The matter is now before us on appeal, While we conduct de nova review, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review. Although we may agree with the Director's ultimate conclusions, we also agree with the Petitioner that the Director "failed to address the new arguments raised by the Appellant" and "did not discuss the new evidence submitted." See 8 C.F .R. § 103 .3(a)(l)(i) (requiring in writing specific reasons for denial of an application or petition); see generally Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that a decision must fully explain the reasons for denying a motion allow the respondent a meaningful opportunity to challenge the determination on appeal).

    In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361;MatterofChawathe, 25 I&NDec. 369,375 (AAO 2010).

    ORDER: The matter is remanded for the entry of a new decision, which, if adverse, shall be certified to us for review.