The Petitioner 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. § 1153(b )(2).
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish her eligibility for the requested national interest waiver. We dismissed a subsequent appeal and four combined motions to reopen and reconsider. The matter is now before us on a fifth combined motion to reopen and reconsider.
The Petitioner bears the burden ofproof 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 combined motion.
A motion to reopen must state new facts and be supported by documentary evidence.
did she establish that our dismissal of the third combined motion was an incorrect application of law or policy at the time it was issued. Accordingly, the fourth combined motion was dismissed. The Petitioner's present combined motion to reopen and reconsider-her fifth-likewise does not provide new facts or evidence, nor does it identify any deficiency concerning our previous dismissal. The Petitioner states, without explanation, that our decision was erroneous, and she reasserts her eligibility by citing previous arguments and resubmitting evidence previously included in the record. The Petitioner has not submitted new facts that that would warrant reopening of the proceedings and, therefore, has not met the requirements for a motion to reopen. 8 C.F.R. § l03.5(a)(2). The Petitioner has not established that our previous decision was based on an incorrect application of law or policy at the time we issued our decision. Therefore, she has not met the requirements for a motion to reconsider. 8 C.F.R. § l 03.5(a)(3). The combined motion will be dismissed. 8 C.F.R. § l03.5(a)(4). ORDER: The motion to reopen is dismissed.
FURTHER ORDER: The motion to reconsider is dismissed.