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DismissedNational Interest Waiver · Motion to reopen

Occupation not stated

Other / unclear · decided 2024-10-04 · TSC · OCT042024_01B5203

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 record established that the Petitioner qualifies for classification as an individual of exceptional ability in the arts, but did not establish that the Petitioner qualifies for the national interest waiver. See in text

What the AAO decided

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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: OCT. 4, 2024 · In Re: 34135048 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, a music producer, arranger, and director, seeks classification as an individual of exceptional ability in the sciences, arts or business. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the job offer requirement that is attached to this EB-2 immigrant classification. See section 203(b )(2)(B)(i) of the Act. U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver ofthe required job offer, and thus of a labor certification, when it is in the national interest to do so.

    The Director of the Texas Service Center denied the petition, concluding that the record established that the Petitioner qualifies for classification as an individual of exceptional ability in the arts, but did not establish that the Petitioner qualifies for the national interest waiver. The Petitioner filed a motion to reopen and reconsider, which the Director dismissed. The matter is now before us on appeal under 8 C.F.R. § 103.3.

    USCIS records show that the Director reopened the petition and later approved it on April 18, 2024. Because the petition has been approved, there is no longer any adverse decision to appeal. Therefore, the appeal is now moot.

    ORDER: The appeal is dismissed.