NIW Bearings
sustainedAUG012024_09B52032024-08-01 · 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 continue work in nuclear and fusion energy development, including upgrading transmission voltages and retrofitting aged power plants.

Field: electrical engineering (nuclear/fusion energy) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that the Petitioner qualifies as an advanced degree professional based on a bachelor's degree plus 12 years of progressive experience.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • recommendation letter · credited
  • resume experience · credited
  • certification membership · credited
  • awards · credited
  • citations publications · credited

This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds

Notable

AAO reversed the Director on prongs 2 and 3, noting the Director failed to address several documents in the record (prong 2) and failed to analyze any evidence at all in reaching the prong 3 conclusion, resulting in a full sustain of the appeal.

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.

  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

Director ignored substantial record evidence (fusion project role, letters, employment records, award, publications) beyond mere letters of interest; de novo review of full record satisfied prongs 2 and 3.

Transferable lesson

Submit comprehensive corroborating evidence (employment history, awards, publications, expert letters) beyond employer interest letters, and tie work explicitly to STEM/critical-technology significance.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · stem_positive_factor · us_competitiveness

Evidence targeting

mixed

Cases in adjacent profiles