dismissedNOV082023_07B52032023-11-08 · 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, a lawyer, sought a national interest waiver premised on the national importance of their proposed legal-related endeavor, without providing specific detail in this motion decision.
Field: law · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner asserts that their proposed endeavor's national importance is not dependent on demonstrating "an immediate or quantifiable economic impact."”
“we evaluate the proposed endeavor's attributes to determine if they demonstrate a potential prospective impact from the endeavor's broader implications or positive economic effects rising to a level of national importance.”
AAO decision text
How the evidence was treated
- motion resubmission · discounted
“the Petitioner's motion essentially reasserts their previous contentions and describes their disagreement with the conclusions in our prior decision”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable
This is a motion to reconsider following a prior AAO appeal dismissal; the decision does not re-detail the underlying endeavor or full prong analysis, focusing narrowly on whether the prior decision misapplied Dhanasar's national importance/economic impact standard.
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(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of O-S-G-
- Poursina v. USCIS
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