NIW Bearings
dismissedNOV212023_01B52032023-11-21 · 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 Brazilian-trained lawyer proposed to work in the U.S. providing legal consulting and compliance services to American companies engaged in cross-border business with Brazil and Latin America, leveraging her knowledge of Brazilian law.

Field: law / legal consulting (Brazilian law, cross-border transactions) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualified as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

merely working in an important field is insufficient to establish the national importance of the proposed endeavor
the Petitioner does not point to any corroborating evidence that would directly link her specific endeavor to the overall economy's growth
Neither writer discusses with specificity the Petitioner's proposed endeavor, or how such an endeavor will have national or global implications
several of these objectives simply describe the typical occupational duties of an attorney rather than establishing that the Petitioner's specific proposed endeavor has national importance
the record does not show that benefits to the regional or national economy resulting from the Petitioner's legal consulting services would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Neither writer discusses with specificity the Petitioner's proposed endeavor, or how such an endeavor will have national or global implications
    AAO decision text
  • media · discounted
    merely working in an important field is insufficient to establish the national importance of the proposed endeavor
    AAO decision text
  • resume experience · discounted
    The Petitioner's knowledge, skills, and experience in her field, however, relate to the second prong of the Dhanasar framework
    AAO decision text
  • degree · credited

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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
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Notable

AAO explicitly distinguishes national importance of the specific endeavor from importance of the field/occupation generally, citing Dhanasar's own facts (engineer's specific R&D and teaching endeavor) via footnote 4 and USCIS Policy Manual F.5(D)(1) to reinforce that occupational classification alone does not establish national importance.

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
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(1)

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