NIW Bearings
dismissedJUL162024_07B52032024-07-16 · 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, an industrial engineer, intended to continue working for U.S. companies performing typical industrial engineering duties such as production planning, maintenance engineering, project management, and environmental impact management, with a stated focus on cleaner, more efficient manufacturing.

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

EB-2 threshold — addressed

The Director found the Petitioner qualifies as an advanced degree professional. AAO noted in a footnote that the record lacks evidence of five years of progressive experience to support the bachelor's-plus-experience equivalency, but did not disturb the Director's finding and flagged it only for future proceedings.

Prong 1 — national importancenot established · dispositive

“The record demonstrated that the Petitioner's proposed endeavor was essentially a job search.”
“merely working in these fields is insufficient to establish the national importance of the proposed endeavor”
“the Petitioner did not sufficiently explain or demonstrate how his specific endeavor would have any projected U.S. economic impact or job creation”
“The record does not show through supporting documentation how his endeavor sufficiently extends beyond his employers or clientele to impact the industrial engineering field or the U.S. economy more broadly”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the purpose of the national interest waiver is not to afford the Petitioner an opportunity to engage in a job search”
    AAO decision text
  • recommendation letter · discounted
    “do not describe how the benefits they have received connect to broader implications rising to national importance”
    AAO decision text
  • other · discounted
    “the opinion focuses on the importance of the manufacturing industry ... [not] the Petitioner's specific proposed endeavor”
    AAO decision text
  • citations publications · discounted
    “the actual articles and reports were not submitted in support of the petition”
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • 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
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Notable

AAO footnote flags a potential threshold eligibility problem (lack of evidence of five years progressive experience) that the Director did not raise, but expressly declines to disturb the Director's favorable threshold finding, instructing the Petitioner to address it in future proceedings.

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 Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

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