NIW Bearings
dismissedJAN132022_01B52032022-01-13 · 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.

A mechanical engineer working in the oil and gas industry proposed to continue engineering and complex business systems development work for his employer, applying integrated engineering solutions and mathematical optimization to large-scale projects.

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

EB-2 threshold — addressed

The Director found, and the AAO did not disturb, that the Petitioner qualified for the underlying EB-2 classification as both an advanced degree professional and an individual of exceptional ability.

Prong 1 — national importancenot established · dispositive

he has not demonstrated that an impact on this single company and its projects necessarily equates to a broader impact on the oil and gas industry.
the evidence does not demonstrate any benefit to the regional or national economy outside of his company.
Nor has the Petitioner demonstrated that any increases in employment or income attributable to his endeavor stand to substantially affect economic activity.
the issue here is not the value of the mechanical engineering field or oil and gas industry, but rather whether the Petitioner's specific proposed endeavor ... rises to the level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    he has not demonstrated that an impact on this single company and its projects necessarily equates to a broader impact on the oil and gas industry.
    AAO decision text
  • resume experience · discounted
    The Petitioner's knowledge, skills, and experience in his field relate to the second prong of the Dhanasar framework
    AAO decision text
  • contract revenue · discounted
    the evidence does not demonstrate any benefit to the regional or national economy outside of his company.
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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

The AAO withdrew the Director's finding that the endeavor lacked substantial merit, but found it lacked national importance, making prong 1 dispositive on an alternate basis than the Director used. The AAO explicitly declined to independently review prongs 2 and 3, instead adopting and affirming the Director's earlier findings on those issues under Matter of P. Singh's adoption doctrine.

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. 204.5(k)(2)
  • Chen v. INS
  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles