NIW Bearings
dismissedJAN082024_06B52032024-01-08 · 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 mechanical engineer, proposed to create a mechanical and electrical maintenance services company handling equipment such as fillers, tanks, sealers, packaging machines, and air conditioning systems, and to remodel commercial premises and electrical installations.

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

Prong 1 — national importancenot established · dispositive

the professional plan omits details regarding the Petitioner's proposed endeavor, such as the location where he intends to create his mechanical and electrical maintenance services company
the record does not establish how the proposed endeavor may have national importance, as required by the first Dhanasar prong
neither the professional plan nor the remainder of the record establishes how the Petitioner's upstart mechanical and electrical maintenance services company may have national or even global implications
the record does not establish how the proposed endeavor may have "significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area."

AAO decision text

How the evidence was treated

  • business plan · discounted
    the professional plan omits details regarding the Petitioner's proposed endeavor
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
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Notable

The Director's decision contained internally contradictory statements, first stating the petitioner established substantial merit and national importance, then concluding the opposite; the AAO expressly withdrew the Director's favorable statement. The AAO also declined to resolve an unresolved threshold EB-2 eligibility question raised in the RFE but not addressed in the final denial.

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
  • Matter of L-A-C-

Cases in adjacent profiles