NIW Bearings
dismissedDEC122017_02B52032017-12-12 · appeal · Nebraska 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 aerospace/mathematics engineer with multiple master's degrees, proposed to work on defense-related engineering projects (e.g., aircraft, missile, and spacecraft design) and to continue teaching mathematics and STEM courses at colleges and universities.

Field: aerospace engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO agreed, that the Petitioner qualified as a member of the professions holding an advanced degree; this was not contested.

Prong 1 — national importancenot established

the Petitioner does not offer sufficient detail regarding his specific proposed engineering work to demonstrate that it will advance research initiatives, impact the field of aerospace engineering research more broadly, or otherwise have implications rising to the level of having national importance
The record, however, does not establish that his course instruction would impact his endeavor more broadly, as opposed to being limited to the students at the institution where he teaches.

AAO decision text

Prong 2 — well positionednot established

neither recommender explains the significance of this project or the Petitioner's contribution, nor does the record indicate that he disseminated his work in the field
the references offer prospective opinions that the Petitioner's background and skills will make him a good teacher, they do not speak to his actual experience as a teacher

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    neither recommender explains the significance of this project or the Petitioner's contribution
    AAO decision text
  • degree · credited
  • certification membership · discounted

Where this case turned

  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Record of success insufficient · p2a claimed track record the documents do not establish
1,581coded 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

The decision's opening line states 'we will deny the motion' even though the case is styled as an appeal and the final order reads 'The appeal is dismissed'—an apparent drafting inconsistency. The AAO also expressly analogizes the Petitioner's teaching claim to its own facts in Dhanasar, finding both insufficiently broad in impact.

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.

  • INA 203(b)(2)

Cases in adjacent profiles