NIW Bearings
dismissedJUL082026_02B52032026-07-08 · 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, a data analyst and digital signal processing engineer, proposed to continue working with his employer to advance passive millimeter-wave (PMMW) imaging through signal processing, AI/ML, and statistical methods for defense, aviation security, homeland security, and public safety applications.

Field: digital signal processing / passive millimeter-wave imaging engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO agreed, that the petitioner's master's degree qualifies him as an advanced-degree professional; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the record does not contain evidence sufficient to demonstrate the national importance of the Petitioner's specific endeavor
evidence concerning his employment activities is limited to his own statements; the record does not include evidence from his employer or from an objective source discussing his work
he has not submitted evidence demonstrating how that work has or will impact his field to rise to the level of national importance

AAO decision text

Prong 2 — well positionednot established · dispositive

the record does not include any corroborating evidence of the Petitioner's current employment, and information concerning his job duties is limited to what he provided in his own statements
the record does not include letters confirming the Petitioner's employment duties, skills, or accomplishments with his employer, nor does the record include evidence of his involvement with specific projects

AAO decision text

How the evidence was treated

  • contract revenue · discounted
    the record does not contain evidence sufficient to demonstrate the national importance of the Petitioner's specific endeavor
    AAO decision text
  • citations publications · discounted
    he has not submitted evidence demonstrating how that work has or will impact his field to rise to the level of national importance
    AAO decision text
  • resume experience · discounted
    information concerning his job duties is limited to what he provided in his own statements
    AAO decision text
  • degree · credited
  • other · discounted
    the record demonstrates the importance of the field in which the Petitioner intends to work... but the record does not contain evidence sufficient to demonstrate the national importance of the Petitioner's specific endeavor
    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
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

AAO explicitly withdrew SCOPS's favorable second-prong finding, holding the petitioner's own uncorroborated statements about his job duties and Navy-contract work insufficient absent employer or third-party letters, illustrating that AAO review can be stricter than the underlying service center determination even where AAO agrees with the denial's ultimate outcome.

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
  • Flores v. Garland

Cases in adjacent profiles