remanded EB-2 NIW

remanded EB-2 NIW Case: Compliance

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Compliance

Decision Summary

The appeal was remanded because the Director's denial of the motion to reopen was procedurally deficient. The Director failed to provide any written analysis of the evidence to support the conclusion that the petitioner's endeavor was not of national importance or that a waiver would not be beneficial.

Criteria Discussed

National Importance Beneficial To Waive Job Offer

Sign up free to download the original PDF

View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUL. 08, 2024 In Re: 31070169 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Worker (National Interest Waiver) 
The Petitioner, a compliance professional, 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 classification. See Immigration 
and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. ยง 1 l 53(b )(2). 
The Director of the Texas Service Center denied the petition. Subsequently, the Petitioner filed a 
motion to reopen the decision. The Director denied the motion, concluding that the Petitioner did not 
meet the requirements to reopen the decision, as she did not demonstrate that her endeavor is of 
national importance or that it would be beneficial to waive the requirements of a job offer. The matter 
is now before us on appeal. 8 C.F.R. ยง 103.3. 
When denying an application or petition, the Director must explain in writing the specific reasons for 
the denial. 8 C.F.R. ยง 103.3(a)(l)(i); see also, Matter ofM-P-, 20 l&N Dec. 786 (BIA 1994) (finding 
that a decision must fully explain the reasons for denying a motion to allow the respondent a 
meaningful opportunity to challenge the determination on appeal). In this instance, the Director did 
not provide any analysis of the evidence to support the conclusions that the motion was deficient. We 
will therefore remand the matter to the Director for issuance of a new decision based on the record of 
proceedings . 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
Using this case in a petition? Let MeritDraft draft the argument →

Draft your EB-2 NIW petition with AAO precedents

MeritDraft uses real AAO decisions to generate compliant petition arguments tailored to your evidence.

Sign Up Free →

No credit card required. Generate your first petition draft in minutes.