NIW Bearings
dismissedJUL192023_06B52032023-07-19 · appeal · 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, a lawyer from Kazakhstan proficient in Russian and English, sought to work in the United States as an immigration legal assistant/paralegal.

Field: law (immigration law) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not establish that her endeavor has national importance
the Petitioner did not provide evidence of projected U.S. economic impact or job creation resulting from her endeavor
the Petitioner has not established that proficiency in these languages, individually or collectively, would result in her endeavor having broader implications for the region or nation
neither job offer indicates that the Petitioner's proposed positions as an "immigration legal assistant," as stated in one letter, or "immigration paralegal," as stated in the other letter, would have a global impact

AAO decision text

How the evidence was treated

  • resume experience · discounted
    more relevant to a prong two analysis and whether the Petitioner is well-positioned to advance her endeavor
    AAO decision text
  • other · discounted
    she has not established that her endeavor to be a Russian-speaking lawyer in the United States would have a substantial impact
    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
  • Local, not national scope · p1impact confined to clients / a region
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

AAO adopted and affirmed the Director's decision under Matter of Burbano rather than conducting fully independent analysis; footnote suggests language skills and lack of U.S. law license would be more relevant to prong two, which was reserved.

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
  • Chen v. INS
  • Matter of L-A-C-

Cases in adjacent profiles