NIW Bearings
dismissedJUL072026_06B52032026-07-07 · appeal

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, an electrical engineer, proposed to integrate photovoltaic solar systems and energy storage systems into existing grid architecture and off-grid applications to strengthen U.S. grid reliability and security.

Field: electrical engineering / renewable energy (solar PV and energy storage systems) · Read the decision (uscis.gov)

EB-2 threshold — not met

AAO withdrew USCIS's finding that Petitioner qualified as an advanced degree professional; record lacked official academic transcripts for master's and bachelor's degrees, the credential evaluation did not explain how coursework equated to a U.S. master's degree, and no employment verification letters were submitted to establish five years of full-time progressive experience.

Prong 1 — national importancenot established · dispositive

“the Petitioner did not present a clear, specific proposed endeavor to establish his eligibility under Dhanasar's first prong”
“Merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.”
“such evidence does not sufficiently demonstrate the future impact of the proposed endeavor or show the scope of his endeavor”
“the record does not sufficiently corroborate these claims”
“the Petitioner has not adequately demonstrated the specific endeavor he proposes to undertake, i.e., how he intends to implement his proposed endeavor”

AAO decision text

How the evidence was treated

  • degree · discounted
    “the Petitioner did not provide his official academic records from his master's program as required by 8 C.F.R. § 204.5(k)(3)(i)”
    AAO decision text
  • resume experience · discounted
    “the Petitioner did not submit employment verification letters from his current and former employers detailing his positions, duties, and hours worked”
    AAO decision text
  • recommendation letter · discounted
    “the letters make broad claims... but the record does not sufficiently corroborate these claims”
    AAO decision text
  • media · discounted
    “These articles and reports demonstrate that the Petitioner's endeavor has substantial merit, but they do not sufficiently show the endeavor's national importance.”
    AAO decision text
  • other · discounted
    “None of the articles and reports specifically mention the Petitioner's endeavor or discuss the government's interest in promoting the use of the Petitioner's innovation or solutions.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO withdrew USCIS's favorable threshold EB-2 finding sua sponte on de novo review (unusual reversal of a point USCIS had granted), then separately found Prong 1 dispositive on national importance, declining to reach Prongs 2 and 3 under Bagamasbad.

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
  • INA 203(b)(2)
  • Matter of Caron Int'l

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