NIW Bearings
dismissedAUG062024_04B52032024-08-06 · motion_reconsider · 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 work as a Judicial Law Clerk while simultaneously offering international trade consulting services to firms in the United States and abroad.

Field: law / international trade consulting · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

she did not explain how she would apportion her time between working as a public sector judicial law clerk and working as an international trade consultant in the private sector
we concluded that she had not sufficiently established that her proposed endeavor in the United States would have substantial merit and national importance

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    does not directly address our conclusions in our decision to dismiss her appeal and does not seek to clarify the details
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

Motion to reconsider dismissed because the Petitioner merely reasserted her belief in eligibility and general duties of a judicial law clerk without addressing the specific defect (time apportionment between two distinct roles) identified in the prior appellate decision, and did not allege any incorrect application of law or policy as required under 8 C.F.R. 103.5(a)(3).

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
  • Matter of Coelho

Cases in adjacent profiles