dismissed EB-2 NIW

dismissed EB-2 NIW Case: Business Management

📅 Date unknown 👤 Individual 📂 Business Management

Decision Summary

The motion to reopen and reconsider was dismissed on procedural grounds. The AAO determined it lacked jurisdiction because it had previously rejected the petitioner's appeal rather than issuing a decision on its merits, and therefore cannot rule on subsequent motions.

Criteria Discussed

Jurisdiction Over Motions Motion To Reopen Motion To Reconsider

View Full Decision Text

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.

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.