NIW Bearings
dismissedSEP212021_04B52032021-09-21 · combined · Nebraska 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 intended to work as a legal administrator at a law firm, assisting attorneys with research, client interviews, and document preparation, with an eventual goal of passing the California Bar and practicing law, potentially starting his own firm.

Field: legal administration/law · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner did not show how he intended to develop improved processes or advances either to the field of legal administration or to the practice oflaw that would result in national or global implications within those particular fields
the record did not show that benefits to the U.S. regional or national economy resulting from the Petitioner's legal services would reach the level of "substantial positive economic effects" contemplated by Dhanasar
These assertions alone do not demonstrate the national importance of his proposed endeavor, or that his proposed endeavor has substantial merit.

AAO decision text

How the evidence was treated

  • resume experience · discounted
    restates his academic and professional accomplishments to date
    AAO decision text
  • motion resubmission · discounted
    the Petitioner does not offer new facts or evidence relevant to our aforementioned findings
    AAO decision text
  • other · discounted

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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

This is a motion to reopen/reconsider a prior AAO appeal dismissal, not a fresh appeal. The AAO noted the petitioner's own business filing ('[E-L-] (J.D) and Associates') undercut his claim that he only intended to work as a legal administrator rather than eventually practice law independently. The AAO also noted a procedural defect: petitioner failed to include the required statement regarding judicial proceedings under 8 C.F.R. 103.5(a)(1)(iii).

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
  • Matter of O-S-G-
  • Section 291 of the Act

Cases in adjacent profiles