dismissed EB-2 NIW Case: International Trade

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 20, 2025 In Re: 37214629 
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 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. § 1 l 53(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified 
for classification as a member of the professions holding an advanced degree, but that he had not 
established that a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. We dismissed the Petitioner's appeal and a subsequent motion. The matter is now 
before us on motion to reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the 
motion. 
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). Because the scope of a motion is limited to the 
prior decision, we will only review the latest decision in these proceedings. 8 C.F.R. § 103.5(a)(l)(i), 
(ii). We may grant motions that satisfy these requirements and demonstrate eligibility for the requested 
benefit. 
On motion, the Petitioner contests the correctness of our prior decision and argues that we did not 
properly consider the evidence he submitted to show the national importance of his proposed endeavor. 
He asserts that his undertaking offers substantial economic impact, strategic alignment with U.S. 
national interests, broader implications for the field, personal and community contributions, and other 
benefits through his work with MCA and V 4. The Petitioner also contends that we misinterpreted the 
scope of economic impact, undervalued the national relevance of U.S.-Brazil trade, and overlooked 
evidence of broader implications and community engagement. In addition, he provides additional 
documentation in support of the motion, but he does not explain how this information shows that our 
previous decision was based on an incorrect application of law or policy at the time we issued our 
decision. 
The scope of a motion is limited to "the prior decision" and "the latest decision in the proceeding." 
8 C.F.R. § 103.5(a)(l)(i), (ii). The Petitioner's contentions in his current motion merely reargue facts 
and issues we have already considered in our previous decisions. See e.g., Matter of O-S-G-, 24 I&N 
Dec. 56, 58 (BIA 2006) ("a motion to reconsider is not a process by which a party may submit, in 
essence, the same brief presented on appeal and seek reconsideration by generally alleging error in the 
prior Board decision"). The Petitioner has not established that our prior decision was based on an 
incorrect application of law or policy and that our decision was incorrect based on the evidence in the 
record at the time of the decision. We will not re-adjudicate the petition anew and, therefore, the 
underlying petition remains denied and the motion will be dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reconsider is dismissed. 
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