NIW Bearings
dismissedAPR142025_02B52032025-04-14 · 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, an electrical engineer, proposed to implement AI, automation, robotics, and data collection technologies in steel/iron casting manufacturing processes at his U.S. employer's plant, aiming to improve efficiency, safety, and reduce equipment downtime.

Field: electrical engineering / smart manufacturing · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to sufficiently substantiate five years of progressive post-baccalaureate experience abroad due to inconsistent, uncorroborated, and discrepant employment verification documents from the foreign employer.

Prong 1 — national importancenot established · dispositive

The Petitioner submitted no business plans extending beyond his employer
it is not clear how his implementation of data collection, robotics, and other technologies in one employer's steel casting operations would have a potential prospective national impact on all U.S. manufacturers
there is little evidence to support that the potential prospective impact of his endeavor would extend beyond his employer
Generalized conclusory statements that do not identify a specific impact to the field have little probative value.
he has not provided sufficient explanation of the prospective national impact directly attributable to his proposed work

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the Petitioner has not submitted sufficiently credible supporting documentation to substantiate his claimed five years of progressive foreign employment
    AAO decision text
  • recommendation letter · discounted
    the recommendations letters provide insufficient detail to support their wide-ranging claims of national importance
    AAO decision text
  • business plan · discounted
    The Petitioner submitted no business plans extending beyond his employer
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO found threshold EB-2 advanced degree eligibility not met due to inconsistent/discrepant employment verification documents from the foreign employer (differing job titles, dates, formats, and an untranslated Korean footer), independently dispositive alongside the national importance failure under prong 1. AAO declined to reach prongs 2 and 3.

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. 103.2(b)(3)
  • 8 C.F.R. 103.3
  • 8 C.F.R. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles