This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner proposed to work as an organizational psychologist, forming her own company to help small- and medium-sized businesses increase efficiency and profitability by promoting healthy work environments.
Field: organizational psychology / human resources consulting · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“The record, however, does not sufficiently demonstrate that prior counsel's actions prejudiced the Petitioner.”
AAO decision text - other · discounted
“The record, however, lacks evidence corroborating the Petitioner's claimed notice to prior counsel.”
AAO decision text
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Notable
This decision does not substantively reanalyze the NIW prongs; it addresses a motion to reopen premised on ineffective assistance of counsel under Matter of Lozada. The AAO found the Petitioner did not substantially comply with two of the three Lozada procedural requirements (notice/opportunity to respond to prior counsel, and explanation for not filing a disciplinary complaint) and did not establish prejudice, since the underlying denial rested on failure to show national importance of the endeavor, not confusion over SOC codes or endeavor description. The prior AAO appellate decision (In Re: 28467050) had found the national-importance prong unmet, but that finding is only referenced here, not re-litigated.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- Matter of Coelho
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