NIW Bearings
dismissedFEB212024_02B52032024-02-21 · 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, a mechatronics engineer and consultant, proposed to help American industrial companies reduce costs, improve performance, and reduce environmental impact, carrying this out through creation of his own industrial machinery services company.

Field: mechatronics engineering / industrial manufacturing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

any likely effects would be "immeasurable or insignificant" beyond the individual clients he served.
his business would likely only have an effect on its individual clients, and that any farther effects would be immeasurable or insignificant to the overall economy.
the Petitioner has not established that the Director erred by analyzing the company's potential impact on the field or the economy more broadly in assessing the national importance of the endeavor.

AAO decision text

How the evidence was treated

  • business plan · discounted
    any farther effects would be immeasurable or insignificant to the overall economy
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO adopted and affirmed the Director's decision on prong 1 alone, explicitly declining to reach prongs 2 and 3 under Bagamasbad/L-A-C- reservation doctrine; Petitioner's argument that the Director impermissibly conflated the endeavor with his proposed self-employment/company was rejected because the Petitioner's own statements tied the endeavor to that company's creation.

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
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles