NIW Bearings
dismissedJUN112025_03B52032025-06-11 · 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 NPI Operation Project Manager, proposed to innovate semiconductor chip testing and develop an interactive program management dashboard to enhance semiconductor testing processes.

Field: semiconductor chip testing / project management · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found and AAO did not disturb that Petitioner qualifies as advanced degree professional.

Prong 1 — national importancenot established · dispositive

The Petitioner did not provide further details on the specific prospective occupation or proposed endeavor that she would focus on to illustrate the nature of the work
none of the articles mention the Petitioner or her assigned projects or otherwise speak to the potential prospective impact of her specific proposed endeavor
without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work
the Petitioner did not sufficiently demonstrate how her proposed endeavor stands to extend beyond the purported stakeholders to impact the industry more broadly

AAO decision text

How the evidence was treated

  • other · discounted
    none of the articles mention the Petitioner or her assigned projects or otherwise speak to the potential prospective impact of her specific proposed endeavor
    AAO decision text
  • resume experience · discounted
    they are generally immaterial to the first Dhanasar prong-whether a specific, prospective, proposed endeavor has both substantial merit and national importance
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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

Petitioner argued SCOPS applied a stricter-than-preponderance standard; AAO rejected this as an unsupported general assertion. AAO expressly declined to reach prongs 2 and 3, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not decide unnecessary issues.

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
  • Matter of L-A-C-

Cases in adjacent profiles