NIW Bearings
dismissedAPR152025_01B52032025-04-15 · appeal

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 Beneficiary, a Field Service Engineer, proposed to continue installing, testing, commissioning, and repairing medium-voltage switchboards and related electrical equipment on marine vessels for his employer, contributing to maritime electrification.

Field: electrical/marine engineering (naval electrification, power and automation) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, Beneficiary qualified as advanced degree professional based on bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

“The Petitioner claims the adoption and utilization of the Petitioner's naval electrification technologies materially depends on the Beneficiary”
“The Petitioner cited no evidence to support these claims.”
“the Petitioner has not established that his specific proposed endeavor would be implicated by these government programs and initiatives”
“While these notices and articles address significant national issues, they do not discuss the Beneficiary's specific proposed endeavor.”
“Our assessment of national importance does not focus on the importance of a field or issues affecting a field in general”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “do not, however, describe how the Beneficiary's work for the Petitioner has or would extend beyond the individual equipment and vessels”
    AAO decision text
  • media · discounted
    “they do not discuss the Beneficiary's specific proposed endeavor”
    AAO decision text
  • other · discounted
    “The Petitioner cited no evidence to support these claims.”
    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

AAO cites Flores v. Garland (5th Cir. 2023) to reinforce that NIW grant/denial is discretionary. Petitioner attempted to link beneficiary's routine field service work to numerous federal infrastructure/climate programs (Bipartisan Infrastructure Law, FTA, EPA Clean Ports, MARAD, Zero-Emission Ferries Act) but AAO rejected as unsupported by evidence connecting the specific endeavor to these initiatives.

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-

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