NIW Bearings
dismissedJUN092021_10B52032021-06-09 · 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 beneficiary, an aircraft design engineer, was to design and perform engineering calculations for retrofitting passenger aircraft into air ambulances (PTA) and converting wide-body passenger jets into cargo freighters (PTF) for the petitioner's aircraft marketing/conversion business.

Field: aircraft design engineering / aviation · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

The Petitioner does not establish how the Beneficiary's proposed endeavor, improving the Petitioner's ability to perform aircraft conversions, has broader implications beyond the Petitioner's business
the record does not establish the specific anticipated positive economic effects of the proposed endeavor
the relevant question is not the importance of the industry, field, or profession in which an individual will work

AAO decision text

How the evidence was treated

  • other · discounted
    the record does not establish the specific anticipated positive economic effects of the proposed endeavor
    AAO decision text

Where this case turned

  • 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
2,501coded 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

The Director found substantial merit in the endeavor but not national importance; Petitioner argued USCIS mischaracterized the substantial-merit inquiry, but AAO found the objection misplaced since the Director had already conceded substantial merit. AAO explicitly declined to reach prongs 2 and 3.

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.

  • INA 203(b)(2)
  • INA 291

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