NIW Bearings
dismissedJUN142017_01B52032017-06-14 · 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 worked as an automation and optimization supervisor (formerly SAP project manager) for a large energy company, developing and testing business applications and processes to improve efficiency and reduce costs.

Field: SAP project management / IT automation and optimization · Read the decision (uscis.gov)

Prong 1 — national importancenot established

he has not offered sufficient evidence to demonstrate his proposed work at has implications beyond the company at a level sufficient to demonstrate the national importance of his endeavor
the scope of his employer's business activities alone is not sufficient to demonstrate his proposed endeavor's national importance
There is no indication, however, that the economic benefits of his proposed work extend beyond and its operations at a level sufficient to demonstrate the national importance of his endeavor

AAO decision text

Prong 2 — well positionedestablished

The evidence discussed above is sufficient to demonstrate that the Petitioner is well positioned to advance his proposed endeavor

AAO decision text

Prong 3 — balance of factorsnot established

The Petitioner has not shown an urgent national interest in proposed work, nor has he demonstrated that he offers contributions of such value that, over all, they would benefit the nation even if other qualified U.S. workers were available

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the scope of his employer's business activities alone is not sufficient to demonstrate his proposed endeavor's national importance
    AAO decision text
  • other · discounted
    the scope of his employer's business activities alone is not sufficient to demonstrate his proposed endeavor's national importance
    AAO decision text
  • resume experience · credited

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
  • Local, not national scope · p1impact confined to clients / a region
  • Urgency not established · p3no reason shown why the benefit cannot wait for labour certification
  • U.S. worker availability · p3the impracticality of a labour-market test was asserted, not established
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Notable

The AAO distinguished a prior non-precedent decision (Matter of F-E-) cited by the Petitioner, noting that non-precedent decisions do not bind future adjudications and that the metallurgical engineer's endeavor there had broader industry/environmental impact absent here.

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(c)

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