remanded EB-2 NIW Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
In Re: 15983646 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JULY 20, 2021 
Form I-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National 
Interest Waiver) 
The Petitioner seeks second preference immigrant classification, 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 Nebraska 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. The Petitioner filed a subsequent motion to reopen and motion to reconsider. The 
Director determined thatthe Petitioner had not demonstrated "eligibility for the requested benefit" or "that 
the decision was incorrect based on the evidence ofrecord at the time of the initial decision." The matter 
is now before us on appeal, 
While we conduct de nova review, we conclude that a remand is warranted in this case because the 
Director's decision is insufficient for review. 
Although we may agree with the Director's ultimate conclusions, we also agree with the Petitioner 
that the Director "failed to address the new arguments raised by the Appellant" and "did not discuss 
the new evidence submitted." See 8 C.F .R. § 103 .3 ( a )(l)(i) (requiring in writing specific reasons for 
denial of an application or petition); see generally Matter of M-P-, 20 I&N Dec. 786 (BIA 1994) 
(finding that a decision must fully explain the reasons for denying a motion allow the respondent a 
meaningful opportunity to challenge the determination on appeal). 
In these proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit 
sought. Section 291 of the Act, 8 U.S.C. § 1361;MatterofChawathe, 25 I&NDec. 369,375 (AAO 
2010). 
ORDER: The matter is remanded for the entry of a new decision, which, if adverse, shall be 
certified to us for review.