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MotionNational Interest Waiver · Motion to reconsider

Occupation not stated

Other / unclear · decided 2023-03-29 · TSC · MAR292023_03B5203

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 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. See in text

What the AAO decided

  • Upon review, we will dismiss the motion to reconsider. See in text
  • The Petitioner, therefore, has not specified the factual and legal issues raised on appeal that were decided in error or overlooked in our decision and we will dismiss the Petitioner's 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)

Automated tags. Each shows the sentence that triggered it.

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 · In Re: 25690686 · Motion on Administrative Appeals Office Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: MAR. 29, 2023 · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner seeks second preference immigrant classification as an advanced degree professional and/or an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this employment-based, "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 Texas 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. We dismissed a subsequent appeal. The matter is now before us on a motion to reconsider.

    The Petitioner bears the burden ofproofto demonstrate eligibility by a preponderance ofthe evidence. Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the motion to reconsider.

    A motion to reconsider must establish that our decision was based on an incorrect application of law or policy and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. § 103.5(a)(3). By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). The filing before us is not a motion to reconsider the denial of the petition. It is a motion to reconsider our most recent decision, the dismissal of the Petitioner's appeal. Therefore, we cannot consider new objections to the earlier denial, and the Petitioner cannot use the present filing to make new allegations of error at prior stages of the proceeding.

    Rather than address our dismissal ofhis appeal, the Petitioner generally asserts that "[t]he Service did not give full consideration to the evidence provided ... along with the first filing and the NOID response, as should have been given" and is eligible for the requested classification. The Petitioner, therefore, has not specified the factual and legal issues raised on appeal that were decided in error or overlooked in our decision and we will dismiss the Petitioner's motion to reconsider. See 8 C.F.R. § 103.5(a)(3).

    ORDER: The motion to reconsider is dismissed.