NIW Bearings
remandedAPR232025_08B52032025-04-23 · 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 Petitioner proposed to investigate and implement methods to improve the thermal performance and efficiency of industrial processes in order to reduce energy consumption.

Field: thermal/energy engineering (industrial process efficiency) · Read the decision (uscis.gov)

How the evidence was treated

  • degree · credited
  • resume experience · credited
  • other · credited

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Notable

This decision does not reach the merits of the NIW prongs or the underlying EB-2 classification. The AAO remanded solely on procedural grounds, finding that SCOPS improperly relied on an inadequately explained rejection of the Petitioner's translation certification to disregard large portions of the record (including his degree and CV) without sufficient explanation, in violation of 8 C.F.R. 103.3(a)(1)'s requirement that denials be adequately explained.

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)
  • Flores v. Garland
  • Matter of Ho

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS improperly discounted the petitioner's evidence (including his degree) based on an unexplained rejection of his translation certification and unsubstantiated ETA-9089/CV inconsistencies, without adequately justifying the denial as required by 8 C.F.R. 103.3(a)(1).

Transferable lesson

If USCIS rejects translation certifications or evidence without specific reasoning, challenge the decision as procedurally deficient and seek remand rather than re-litigating substantive NIW merits.

Endeavor framing

moderate

Evidence targeting

mixed

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