NIW Bearings
dismissedJUL242023_04B52032023-07-24 · 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.

A UK-qualified attorney sought to register as a Foreign Legal Consultant in California to advise on private international law and conflicts-of-law issues arising from cross-border transactions.

Field: private international law / conflicts of law (foreign legal consultant) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner essentially described her area of intended practice, but she did not explain how her proposed endeavor has substantial merit and national importance.
she does not specify how her legal advice will have implications beyond benefit to individual clients.
Those clients may participate in interstate commerce, but the Petitioner has not met her burden of proof to show that those benefits will be significant at a broader level.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    did not provide specific details about her proposed endeavor in the United States
    AAO decision text
  • motion resubmission · discounted
    does not explain how this information is relevant to the appeal or the underlying petition
    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
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 Petitioner failed to submit the required uncertified ETA-750B/ETA-9089 partial forms, arguing no U.S. employer was needed; AAO noted this as an independent procedural deficiency though it decided the case on prong 1 merits. Petitioner appears self-represented and submitted new evidence of French law authorization post-filing, which AAO rejected as post-filing-date evidence under 8 C.F.R. 103.2(b)(1).

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles