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 · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1 — letters 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)

Cases in adjacent profiles