NIW Bearings
dismissedDEC182024_03B52032024-12-18 · 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, a semiconductor equipment engineer, proposed to operate, maintain, and service semiconductor manufacturing facilities and equipment in the United States, including procuring facilities/equipment and handling production planning and capacity.

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

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 as a member of the professions holding an advanced degree; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner's description of his proposed endeavor was vague.
we sill have little additional idea of what the Petitioner is actually proposing to do, or how he would carry out his proposed endeavor.
Simply showing that he is working in an important field is insufficient to establish his proposed endeavor's national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    we sill have little additional idea of what the Petitioner is actually proposing to do, or how he would carry out his proposed endeavor
    AAO decision text
  • resume experience · discounted
    Simply showing that he is working in an important field is insufficient to establish his proposed endeavor's national importance.
    AAO decision text
  • other · ignored
    we will not consider it for the first time on appeal
    AAO decision text
  • motion resubmission · discounted
    reiterates the same language that was provided to the Director regarding his proposed endeavor
    AAO decision text

Where this case turned

  • 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
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Notable

AAO declined to consider a new expert opinion letter submitted for the first time on appeal, citing Matter of Soriano; the appeal was dismissed solely on prong 1 with prongs 2 and 3 expressly not reached.

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

Cases in adjacent profiles