dismissed EB-2 NIW Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 25690686 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 29, 2023 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner seeks second preference immigrant classification as an advanced degree professional 
and/or an individual of exceptional ability , as well as a national interest waiver of the job offer 
requirement attached to this employment-based , "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 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 a subsequent appeal. The matter is now before us on a motion to 
reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe , 25 I&N Dec . 369, 375-76 (AAO 2010). Upon review, we will dismiss the motion 
to reconsider. 
A motion to reconsider must establish that our 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. § 103.5(a)(3). By regulation, the scope of a motion is limited to "the prior 
decision ." 8 C.F.R. § 103.5(a)(l)(i). The filing before us is not a motion to reconsider the denial of the 
petition. It is a motion to reconsider our most recent decision, the dismissal of the Petitioner's appeal. 
Therefore, we cannot consider new objections to the earlier denial, and the Petitioner cannot use the 
present filing to make new allegations of error at prior stages of the proceeding. 
Rather than address our dismissal of his appeal , the Petitioner generally asserts that "[t]he Service did 
not give full consideration to the evidence provided ... along with the first filing and the NOID 
response, as should have been given" and is eligible for the requested classification. The Petitioner, 
therefore , has not specified the factual and legal issues raised on appeal that were decided in error or 
overlooked in our decision and we will dismiss the Petitioner's motion to reconsider. See 8 C.F.R. 
§ 103.5(a)(3). 
ORDER: The motion to reconsider is dismissed .