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MotionNational Interest Waiver · Motion to reopen

Urban planning and environmental policy researcher

Energy, environment & agriculture · decided 2022-03-17 · NSC · MAR172022_04B5203

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 Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, wouldbeinthenationalinterest. See in text

What the AAO decided

  • Upon review, we will dismiss the motion. See in text
  • We will dismiss the motion because it does not meet the requirements of a motion to reopen under 8 C.F.R. § 103.5(a)(2). See in text
  • ORDER: The motion to reopen is dismissed. See in text
Read the full decision (2 pages)

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 · In Re : 20254827 · Motion on Administrative Appeals Office Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: MAR. 17, 2022 · Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National Interest Waiver)

    The Petitioner, an urban planning and environmental policy researcher, seeks second preference 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 EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § l 153(b)(2).

    The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, wouldbeinthenationalinterest. Wedismissedthesubsequentappeal,concludingthatalthoughthe proposed endeavor has both substantial merit and national importance, the record does not establish thePetitioneriswell-positionedtoadvancetheproposedendeavor. Wereservedtheissueofwhether, on balance, it would be beneficial for the United States to waive the requirements of a job offer and thus of a labor certification. On motion to reopen, the Petitioner asserts that she is well-positioned to advance the proposed endeavor.

    In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit Section 291 of the Act, 8 U.S.C. § 1361. 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). Wedonotrequiretheevidenceofa"newfact"tohavebeenpreviouslyunavailableor undiscoverable. Instead, "new facts" are facts that are relevant to the issue(s) raised on motion and that have not been previously submitted in the proceeding, which includes the original application. Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."

    The extent of the Petitioner's motion to reopen submission, other than U.S. Citizenship and Immigration Services forms and the filing fee, was a one-page cover letter and a copy of our prior decision. The Petitioner did not specifically state the new facts to be provided in the reopened proceeding, as required by 8 C.F.R. § 103.5(a)(2). Instead, the Petitioner generally asserted, "I am filing a motion to reopen the decision of the Administrative Appeals Office [(AAO)]. I will be p. 2 providing additional evidence to the [AAO] within 30 days of the filing of this Form I-290B to show that I am well-positioned to advance my proposed endeavor." However, 8 C.F.R. § I03.5(a)(2) does not provide for the submission of additional evidence after filing a Form I-290B.

    We note that the Petitioner subsequently submitted a one-page letter from a professor of urban planning and environmental policy at IUniversity, and a one-page letter from the assistant project manager of the IFlood Control District in Texas, to support the motion to reopen. However, neither letter specifically states a new fact to be provided in the reopened proceeding; therefore, even if the Petitioner had submitted the supporting documentary evidence with the motion to reopen, the evidence still would not satisfy the requirements at 8 C.F.R. § 103.5(a)(2).

    We will dismiss the motion because it does not meet the requirements of a motion to reopen under 8 C.F.R. § 103.5(a)(2). See 8 C.F.R. § 103.5(a)(4).

    ORDER: The motion to reopen is dismissed.