NIW Bearings
dismissedDEC032025_02B52032025-12-03 · 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, an industrial engineer, proposed to work as a project engineer implementing efficient building design and transformative project management to reduce construction defects, waste, and energy usage.

Field: industrial engineering / construction project management · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found Petitioner qualifies as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

it is unclear how his specific endeavor would broadly impact the nation or even an industry, such as construction or industrial engineering
the Petitioner appears to have broadly considered the cumulative impact of industrial project engineers in the construction industry rather than focusing on his specific endeavor
he has not provided evidence that he will work on such a scale as to significantly impact the $15.8 billion in construction inefficiencies industry-wide
there is no evidence that the Petitioner's individual work has the potential to broadly achieve the intended results on a national scale or across an entire industry

AAO decision text

How the evidence was treated

  • degree · credited
  • citations publications · discounted
    there is no mention in that publication of the Petitioner or his specific endeavor
    AAO decision text
  • other · discounted
    such evidence does not support the Petitioner's claims about his plans to involve policy and regulatory framework
    AAO decision text
  • media · discounted
    it is unclear how his specific endeavor would broadly impact the nation or even an industry
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

SCOPS/AAO decided the appeal solely on prong 1 (national importance); no prong 2 analysis appears in the decision at all, and the AAO expressly declined to reach the Petitioner's third-prong arguments as unnecessary given the dispositive first-prong failure.

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
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles