NIW Bearings
dismissedJUL212021_01B52032021-07-21 · 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, a senior electrical engineer at a device company, proposed to continue researching, designing, and developing RFID/wireless-enabled and energy-harvesting systems for use in disposable device accessories on behalf of her employer.

Field: electrical engineering (RFID/wireless-enabled disposable device accessories) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed she qualifies for EB-2 as an advanced degree professional (master's degree in electrical engineering).

Prong 1 — national importancenot established · dispositive

we agree with the Director that the Petitioner has not persuasively established the national importance of the proposed endea var.
broad applications alone do not establish that any benefit or positive impact will accrue in such a manner so as to satisfy the national importance element
it does not follow that simply because the Petitioner works for a device company, that contributions made specifically to that employer will generate national level impact.
the relevant question is not the importance of the industry or profession in which the individual will work
Unsubstantiated general statements such as this add little evidentiary value to this matter.
the record does not demonstrate any potential economic benefit to the nation.
At the time the petition was initially filed, a 2014 and a 2016 article each had one citation.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Unsubstantiated general statements such as this add little evidentiary value to this matter.
    AAO decision text
  • citations publications · discounted
    this alone is insufficient to substantiate a claim of significant contributions to the field.
    AAO decision text
  • other · discounted
    broad applications alone do not establish that any benefit or positive impact will accrue in such a manner so as to satisfy the national importance element
    AAO decision text
  • patents · ignored

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
249coded 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

AAO explicitly withdrew the Director's finding on 'substantial merit' after reviewing appellate articles, but still found national importance unestablished, illustrating that the two sub-elements of prong 1 are analyzed separately. AAO also expressly corrected counsel for conflating prong 1 (endeavor's national importance) with prong 2 (petitioner's qualifications), citing Dhanasar's language that prong 2 'shifts the focus from the proposed endeavor to the foreign national.'

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.

  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles