dismissed EB-2 NIW Case: Business Consulting

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 17, 2023 In Re: 29022798 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner 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. 
§ 1153(b )(2) and Matter ofDhanasar , 26 l&N Dec. 884 (AAO 2016). 
The Director of the Texas Service Center denied the petition, concluding the record did not support a 
waiver of the required job offer, and thus of a labor certification, would be in the national interest. We 
dismissed a subsequent appeal. The matter is now before us on motion to reopen. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). 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). Our review on motion is limited to reviewing our latest decision. 8 C.F.R. 
§ 103.5(a)(l)(ii). We may grant motions that satisfy these requirements and demonstrate eligibility 
for the requested benefit. See Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992) (requiring that 
new evidence have the potential to change the outcome). 
II 
On motion. the Petitioner 
I
submits a new business plan for a different endeavor entity.I 
accompanied by a copy of their resume, an academic evaluation with translation, a 
personality test result, a Department of Labor news release corresponding to the weekly 
unemployment insurance claims for the week ending June 10, 2023, an identity card issued by the 
Regional Administration Council ofl IBrazil, identifying the Petitioner as an administrator, 
copies of proposed and unenacted legislation originating in the U.S. Senate and U.S. House of 
Representatives and news articles/biogs pertaining to small businesses. The Petitioner asserts that 
these are new facts establishing their eligibility for a national interest waiver of the job offer 
requirement attached to this EB-2 classification. Eligibility must be established at the time of filing. 
8 C.F.R. §§ 103.2(b)91), (12); Matter o(Katigbak) 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971). The 
Petitioner's entityJ _ did not exist at the time they filed their immigrant 
petition. USCIS cannot "consider facts that come into being only subsequent to the filing of a 
petition." See Matter of Izummi, 22 II&N Dec. 169, 176 (Comm'r 1998). Moreover, at the time the 
Petitioner filed their petition, they intended to establish a cleaning service for commercial entities and 
residences. The Petitioner's new entity would purportedly operate in the field of business consulting, 
which is unrelated to the field of residential and commercial cleaning the Petitioner proposed to 
endeavor to undertake as they sought a national interest waiver of the job offer requirement attached 
to this EB-2 classification. A petitioner must identify the specific endeavor they propose to undertake 
at the time of filing. See Matter ofDhanasar, 26 I&N Dec. at 889. The Dhanasar framework cannot 
be applied to two dueling proposed endeavors. And there is no provision in the regulations or in the 
Dhanasar framework providing for the substitution of a proposed endeavor. So, the Petitioner's new 
facts supported by evidence do not demonstrate their eligibility for a national interest waiver of the 
job offer requirement attached to this EB-2 classification. 
Although the Petitioner has submitted additional evidence in support of the motion to reopen, the 
evidence does not meet the requirements of new evidence supporting reopening these proceedings and 
the Petitioner has not established eligibility for the requested benefit. Therefore, the motion will be 
dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reopen is dismissed. 
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