dismissedNOV292023_02B52032023-11-29 · 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, proposed to provide legal services to businesses in the United States.
Field: law · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner's endeavor does not reach a level of national importance to warrant a waiver of the job offer requirement”
AAO decision text
Where this case turned
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The AAO adopted and affirmed the Director's decision in full (Matter of Burbano) rather than conducting independent analysis, noting the Petitioner failed to specify any erroneous conclusions in the Director's decision as required by 8 C.F.R. 103.3(a)(1)(v). The Petitioner conceded substantial merit and EB-2 eligibility were found below; only national importance (prong 1) was at issue and was dispositive.
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
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- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution