NIW Bearings
dismissedJAN242025_02B52032025-01-24 · 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 mechatronics engineer, intended to create a company in Brazil-adjacent operations providing industrial automation and mechatronics services, optimizing industrial processes, and offering specialized training.

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

Prong 1 — national importancenot established · dispositive

the importance of the proposed endeavor is not evaluated by the importance ofthe profession in which he proposes to engage, but the specific potential prospective impact of the specific endeavor
the Petitioner has not demonstrated his contributions to the industrial automation and mechatronics fields has a wider impact beyond his own business and clients
the training the Petitioner plans to provide is generally limited to benefiting the students he would train
the Petitioner has not submitted supporting evidence to demonstrate the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects

AAO decision text

How the evidence was treated

  • certification membership · discounted
    The record does not appear to support the finding that the Petitioner is a member of an association that requires a U.S. baccalaureate degree
    AAO decision text
  • business plan · discounted
    the Petitioner has not submitted supporting evidence to demonstrate the specific endeavor he proposes to undertake has significant potential to employ U.S. workers
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO flagged a likely defect in the Petitioner's exceptional-ability membership criterion (three-year foreign degree vs. U.S. baccalaureate equivalency requirement) but expressly declined to resolve it, resting dismissal solely on prong 1 national importance.

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
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

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