dismissed EB-2 NIW Case: Business Consulting

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUL. 31, 2024 In Re: 32389025 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a business consultant, seeks employment-based second preference (EB-2) 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 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 record did not 
establish that the Petitioner is eligible for a waiver of the job offer requirement in the national interest. 
We summarily dismissed the subsequent appeal as the Petitioner did not identify any specific legal or 
factual error in the Director's decision on his Form I-290B, Notice of Appeal or Motion (Form 
I-290B), and did not submit his brief and/or additional evidence to us within 30 days of filing the Form 
I-290B as he indicated he would on his Form I-290B. The matter is now before us on combined 
motions to reopen and reconsider. 
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). A motion to reconsider must establish that our prior 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. 8 C.F.R. § 103.5(a)(3). 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. 
The record reflects that the Petitioner filed his Form I-290B on July 7, 2023. The Petitioner claims 
that he timely filed his appeal brief on August 3, 2023, and he submits documentation from the United 
States Postal Service (USPS) showing a receipt date of August 4, 2023, along with the appeal brief 
that he previously intended to submit to us. However, the USPS documents show that the Petitioner 
incorrectly mailed his appeal brief to the Vermont Service Center instead of sending it directly to our 
office, contrary to the Form I-290B instructions. The Form I-290B instructions specifically require 
that any appeal brief and/or evidence submitted after filing a Form I-290B "must be sent directly to 
the AAO." See USCIS Form I-290B, Instructions for Notice of Appeal or Motion, at 6 (rev. 04/01/24). 
As the Petitioner's evidence does not show that he properly filed his appeal brief with us prior to our 
adjudication of his Form I-290B on January 17, 2024, we conclude that our summary dismissal of the 
appeal according to 8 C.F.R. § 103.3(a)(l)(v) was proper. 
Although the Petitioner has submitted additional evidence in support of the motion to reopen, he did 
not demonstrate on motion that he followed form instructions and mailed his brief to the correct 
mailing address. On motion to reconsider, the Petitioner has not established that our previous decision 
was based on an incorrect application of law or policy at the time we issued our decision. Therefore, 
the motion will be dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
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