NIW Bearings
dismissedAPR212025_07B52032025-04-21 · combined · Texas Service Center

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 operate a legal consulting firm, claiming her work would benefit the legal industry and U.S.-Brazil trade relations.

Field: legal consulting · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO repeatedly found inconsistencies in the Petitioner's employment history undermining her claim to EB-2 eligibility as an advanced degree professional, and declined to consider her alternative exceptional-ability claim because it was not raised before the Director.

Prong 1 — national importancenot established · dispositive

she did not establish her endeavor of operating a legal consulting firm was nationally important because she did not demonstrate it would result in broader implications to the industry, have significant potential to employ U.S. workers, or otherwise result in substantial positive economic effects as she claimed
while such evidence demonstrates the importance of her field, it does not establish the prospective impact of her specific endeavor
they did not establish that the broader implications contributable to her specific endeavor rises to the level of national importance as contemplated in Dhanasar

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    this evidence, considered together, does not establish new facts that support the reopening of these proceedings
    AAO decision text
  • resume experience · discounted
    these inconsistencies cast doubt on the reliability and sufficiency of the evidence
    AAO decision text
  • other · discounted
    while such evidence demonstrates the importance of her field, it does not establish the prospective impact of her specific endeavor
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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Notable

This is the third combined motion to reopen/reconsider in a long procedural history (initial denial, appeal, two prior combined motions, now a third). AAO repeatedly declined to consider the Petitioner's alternative exceptional-ability claim because it was not raised before the Director, citing Matter of J-Y-C. The Petitioner submitted substantially similar briefs and new industry articles each time, which AAO characterized as merely rearguing prior issues, citing Matter of O-S-G-'s rule against motions that simply resubmit prior briefs.

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)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Ho
  • Matter of O-S-G-

Cases in adjacent profiles