dismissedSEP222023_03B52032023-09-22 · 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 Brazilian-trained lawyer, proposed to work as a foreign legal consultant assisting U.S. companies with cross-border transactions, compliance with Brazilian law, and dispute resolution related to investing in Brazil, either as an employee of a U.S. company or through his own consulting firm.
Field: international/legal consulting (Brazilian law) · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not demonstrated that this would have an impact outside of his individual clients or customers that would rise to the level of national importance.”
“the Petitioner's unsupported assertions are not sufficient to meet his burden of proof, and we agree with the Director that the record lacks sufficient independent evidence to support these assertions.”
“these articles and reports relate to job creation, international trade, and the economy in general.”
“none of these documents discuss the Petitioner or his proposed endeavor specifically.”
AAO decision text
How the evidence was treated
- media · discounted
“these articles and reports relate to job creation, international trade, and the economy in general”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The Director's RFE had stated the second Dhanasar prong was satisfied, but this finding was omitted from the final decision; the AAO expressly reserved opinion on prongs 2 and 3, resolving the case solely on 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
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