dismissed EB-2 NIW Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 25, 2024 In Re: 33967035 
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 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 Nebraska Service Center denied the petition, concluding the record did not 
establish that the Petitioner is eligible for the underlying EB-2 visa classification and, therefore, is not 
eligible for, and does not merit, a national interest waiver as a matter of discretion. We dismissed a 
subsequent appeal. Thereafter, the Petitioner filed a motion to reopen, which was dismissed as 
untimely. The matter is now before us on a second motion to reopen. 
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. 
Our review on motion is limited to reviewing our latest decision. 8 C.F.R. § 103.5(a)(l)(ii). The most 
recent decision was issued on August 2, 2023. The Form 1-290B, Notice of Appeal or Motion, in this 
matter was not received until April 19, 2024, over eight months after the decision. Pursuant to 8 C.F .R. 
§§ 103.5(a)(l)(i) and 103.8(b), motions must generally be filed within 33 days of the adverse decision. 
The untimely filing of a motion to reopen may be excused in the discretion of U.S. Citizenship and 
Immigration Services where it is demonstrated that the delay was reasonable and beyond the control 
of the applicant. 8 C.F.R. § 103.5(a)(l)(i). Here, although the Petitioner addresses the previously 
dismissed untimely motion to reopen, he has not demonstrated, or even addressed, that the untimely 
filing of the motion before us was reasonable and beyond his control. 1 8 C.F.R. § 103.5(a)(l)(i). 
1 While we acknowledge the submission of Form I-797C, Notice of Action, dated March 13, 2024, which indicates that 
the motion was received on February 20, 2024, it also states that it was returned to the Petitioner. But even if it had not 
been returned, it still was not filed within 33 days of the August 2, 2023, decision. 8 C.F.R. §§ 103.5(a)(l)(i) and 103.S(b). 
Because the motion to reopen before us was not timely filed and the Petitioner has not provided 
information or evidence to explain that the delay was reasonable and beyond his control, the motion 
to reopen is dismissed. 
ORDER: The motion to reopen is dismissed. 
2