dismissed EB-2 NIW Case: Mathematics Education

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 26, 2025 In Re: 37238387 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a mathematics teacher, seeks employment-based second preference (EB-2) immigrant 
classification as amember of the professions holding an advanced degree and anational interest waiver 
of the job offer requirement attached to this classification. See section 203(b)(2) of the Immigration 
and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). 
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not 
established a waiver of the required job offer, and thus of the labor certification, would be in the 
national interest. We summarily dismissed the appeal and five subsequently filed combined motions 
to reopen and to reconsider. The Petitioner then filed an appeal of our motion decision, which we 
rejected. After the rejected appeal, the Petitioner filed an additional four motions to reopen and to 
reconsider. The matter is now before us on combined motions to reopen and to reconsider for atenth 
time. 
The Petitioner bears the burden of proof to demonstrate eligibility by apreponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the 
combined motions. 
A motion on an unfavorable decision must be filed within 33 calendar days of the date we mailed the 
decision. 8 C.F.R. §§ 103.5(a)(l), 103.8(b). On December 5, 2024, we mailed the Petitioner a notice 
of dismissal of her combined motions to reopen and to reconsider. On January 10, 2025, we received 
the Petitioner's Form I-290B, Notice of Appeal or Motion, requesting us to reopen and to reconsider 
our prior decision, which is 36 days after the unfavorable decision. Consequently, the motion to 
reconsider, which was filed after 33 days of the unfavorable decision, is dismissed. The Petitioner's 
motion to reopen does not claim or demonstrate that the delay in filing was reasonable or beyond the 
Petitioner's control. See 8 C.F.R. § 103.5(a)(l)(i) (providing guidance on late filed motions to 
reopen). As aresult, the Petitioner's motion to reopen is also dismissed as untimely filed. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed