NIW Bearings
dismissedAPR232025_13B52032025-04-23 · appeal

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, an attorney, proposed to provide legal and consulting services in international law, dispute resolution, and investment arbitration, and to lead an organization/platform offering legal assistance, educational resources, and advocacy.

Field: international law / dispute resolution and investment arbitration · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

the evidence does not demonstrate that the potential prospective impact of his specific proposed endeavor of providing legal services meets the national importance requirement.
Dhanasar requires us to focus on the "the specific endeavor that the foreign national proposes to undertake," not the importance of the field, industry, or profession.
the record in its totality does not show through supporting documentation how the Petitioner's specific services would sufficiently advance the field more broadly and extend beyond his prospective clients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
  • business plan · discounted
  • resume experience · discounted
  • motion resubmission · discounted
    the newly submitted evidence did not overcome the deficiencies noted in the denial and did not establish eligibility for a national interest waiver.
    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
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The decision refers generically to 'SCOPS' (Service Center Operations) rather than naming a specific service center, and the petitioner is himself an attorney; the AAO expressly declined to reach prongs two and three after finding prong one dispositive, citing Bagamasbad and L-A-C-.

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. 103.3
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles