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MotionNational Interest Waiver · Motion to reopen & reconsider

General and operations manager

Business & finance · decided 2024-10-08 · TSC · OCT082024_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 Texas Service Center denied the petition, concluding the Petitioner did not establish 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

  • The Petitioner filed an appeal, which we rejected. See in text
  • ORDER: The motion to reopen is dismissed. See in text
  • FURTHER ORDER: The motion to reconsider is dismissed. 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 (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: OCT. 8, 2024 · In Re: 34495154 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, a general and operations manager, seeks employment-based second preference (EB-2) immigrant classification as either a member of the professions holding an advanced degree or an individual of exceptional ability, 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. § 1153(b )(2).

    The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. The Petitioner filed an appeal, which we rejected. We then dismissed a subsequent motion to reopen. The matter is before us again on a second combined motion to reopen and reconsider.

    The USCIS office that made the last decision in a matter generally has jurisdiction over later motions. 8 C.F.R. § 103.5(a)(l)(i)-(ii). The Administrative Appeals Office (AAO), however, did not decide the Petitioner's appeal but rather rejected it. Thus, we lack jurisdiction over the Petitioner's motions. See generally AAO Practice Manual, Ch. 4.5(a), https://www.uscis.gov/aao-practice-manual (stating that "[t]he AAO will deny a motion to reopen or reconsider its rejection of an appeal").

    We must dismiss motions that do not meet applicable requirements. 8 C.F.R. § 103.5(a)(4). We will, therefore, dismiss the Petitioner's motions.

    ORDER: The motion to reopen is dismissed.

    FURTHER ORDER: The motion to reconsider is dismissed.