dismissed EB-2 NIW Case: Not Specified

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JULY 29, 2024 In Re: 32760706 
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). 
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not 
establish that a waiver of the job offer requirement is in the national interest as set forth in the 
framework provided by Matter of Dhanasar, 26 I&N Dec. 884, 889 (AAO 2016). We summarily 
dismissed a subsequent appeal because the Petitioner's general statement accompanying the appeal did 
not specifically identify any erroneous conclusions of law or statements of fact in the unfavorable 
decision. 8 C.F.R. § 103.3(a)(l)(v). We also noted in the summary dismissal that the Petitioner's 
Form I-290B, Notice of Appeal or Motion, stated that the Petitioner would submit a brief and/or 
additional evidence in support of the appeal to our office within 30 calendar days of filing of the appeal 
but that no brief or evidence had been received. 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). Because the scope of a motion is limited to the prior decision, we review only the latest 
decision in these proceedings. 8 C.F.R. § 103.5(a)(l)(i), (ii). A motion to reopen must be filed within 
30 days of the decision that the motion seeks to reopen, except that failure to file before this period 
expires may be excused, in our discretion, if it is demonstrated that the delay was reasonable and was 
beyond the control of the petitioner. 8 C.F.R. § 103.5(a)(l)(i). 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). 
On motion, the Petitioner asserts that we did not receive the brief and additional evidence in support 
of the appeal because he mistakenly mailed it to an incorrect filing address. The Petitioner does not 
assert that our summary dismissal was erroneous, but requests that we reopen the matter and accept 
the Petitioner's appeal brief and evidence at this time. 
Although the Petitioner has stated new facts and submitted additional evidence regarding the incorrect 
filing address, and has now submitted the brief and evidence he intended to submit on appeal, these 
facts do not establish that we erred in dismissing the Petitioner's appeal. See Matter of Coelho, 
20 I&N Dec. at 473 (requiring that new evidence have the potential to change the outcome). We 
therefore conclude that the Petitioner's motion to reopen does not state new facts, supported by 
documentary evidence, that establish proper cause to reopen the proceedings. See 8 C.F.R. 
§ 103.5(a)(l)(i); (a)(2). 
Moreover, 8 C.F.R. § 103.3(a)(2)(i) requires that a petitioner submit their appeal, including any 
supporting brief as indicated in the applicable form instructions, within 30 days after the service of the 
decision. The form instructions and the Form I-290B additionally provide that a petitioner may submit 
a brief within 30 calendar days after the filing of the appeal. Every form or benefit request must be 
submitted and executed in accordance with the form instructions, and the form's instructions are 
incorporated by reference into the regulations. 8 C.F.R. § 103.2(a)(l). A petitioner may have 
additional time to file a brief on appeal only if we receive a written request showing good cause for 
the additional time. 8 C.F.R. § 103.3(a)(2)(vi). Here, the Petitioner did not submit his brief in 
accordance with the regulations and the form instructions and did not request additional time to submit 
his appeal brief; indeed, in a statement submitted with the Petitioner's appeal he reiterated that he 
would file his brief within 30 calendar days. On motion, the Petitioner does not state new facts, 
supported by documentary evidence, that establish otherwise. 
Additionally, even if we were to consider the substance of the brief and the additional evidence that 
the Petitioner intended to submit on appeal, the brief and evidence do not identify any specific 
erroneous conclusions of law or statements of fact in the unfavorable decision, as required of an appeal 
at 8 C.F.R. § 103.3(a)(l)(v). Instead, in the Petitioner's appellate brief he asserts that he received 
ineffective assistance from prior counsel and that new counsel believes that the Petitioner would be 
able to establish eligibility "if given the chance to re-file" the petition. The brief therefore requests 
another opportunity to provide more evidence in support of the Petitioner's request for a national 
interest waiver. 
Although we understand that the Petitioner believes that he is eligible for a national interest waiver 
and wishes for an opportunity to provide more evidence, these statements do not establish proper cause 
to reopen the proceedings, or that our summary dismissal was in error. See 8 C.F.R. § 103.5(a)(l)(i); 
(a)(2). 
Accordingly, the motion will be dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reopen is dismissed. 
2