NIW Bearings
dismissedAUG162024_08B52032024-08-16 · motion_reopen · Nebraska 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, an attorney, proposed to create a consulting company providing legal consulting services to help U.S. companies do business with Brazilian companies and vice versa.

Field: legal consulting / international trade (Brazil-U.S. business) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we determined the Petitioner did not meet the first prong of the analytical framework in Matter of Dhanasar
the Petitioner did not establish how her proposed endeavor would have broader implications for the trade relationship between the United States and Brazil beyond the scope of the clients she would serve

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner submits copies of evidence previously submitted and does not state any new facts.
    AAO decision text

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a motion to reopen following a prior AAO appeal dismissal, which itself followed a prior Nebraska Service Center denial. The AAO found the Petitioner failed to identify any error in the prior AAO decision (not quoting or referencing it, instead quoting the Director's original denial) and submitted no new facts, so the motion failed on procedural grounds under 8 C.F.R. 103.5(a)(4) without reaching a full re-analysis of the merits beyond incorporating the prior national-importance finding.

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