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MotionNational Interest Waiver · Motion to reopen

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Other / unclear · decided 2024-10-25 · NSC · OCT252024_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
    The Director's denial rested on this
    The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner is eligible for the underlying EB-2 visa classification and, therefore, is not eligible for, and does not merit, a national interest waiver as a matter of discretion. p. 1
  • 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 the record did not establish that the Petitioner is eligible for the underlying EB-2 visa classification and, therefore, is not eligible for, and does not merit, a national interest waiver as a matter of discretion. See in text

What the AAO decided

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 · Non-Precedent Decision of the Administrative Appeals Office · Date: OCT. 25, 2024 · In Re: 33967035 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner 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 Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner is eligible for the underlying EB-2 visa classification and, therefore, is not eligible for, and does not merit, a national interest waiver as a matter of discretion. We dismissed a subsequent appeal. Thereafter, the Petitioner filed a motion to reopen, which was dismissed as untimely. The matter is now before us on a second motion to reopen.

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

    Our review on motion is limited to reviewing our latest decision. 8 C.F.R. § 103.5(a)(l)(ii). The most recent decision was issued on August 2, 2023. The Form 1-290B, Notice of Appeal or Motion, in this matter was not received until April 19, 2024, over eight months after the decision. Pursuant to 8 C.F .R. §§ 103.5(a)(l)(i) and 103.8(b), motions must generally be filed within 33 days of the adverse decision. The untimely filing of a motion to reopen may be excused in the discretion of U.S. Citizenship and Immigration Services where it is demonstrated that the delay was reasonable and beyond the control of the applicant. 8 C.F.R. § 103.5(a)(l)(i). Here, although the Petitioner addresses the previously dismissed untimely motion to reopen, he has not demonstrated, or even addressed, that the untimely filing of the motion before us was reasonable and beyond his control. 1 8 C.F.R. § 103.5(a)(l)(i). 1 While we acknowledge the submission of Form I-797C, Notice of Action, dated March 13, 2024, which indicates that the motion was received on February 20, 2024, it also states that it was returned to the Petitioner. But even if it had not been returned, it still was not filed within 33 days of the August 2, 2023, decision. 8 C.F.R. §§ 103.5(a)(l)(i) and 103.S(b). p. 2 Because the motion to reopen before us was not timely filed and the Petitioner has not provided information or evidence to explain that the delay was reasonable and beyond his control, the motion to reopen is dismissed.

    ORDER: The motion to reopen is dismissed.