NIW Bearings
summary_dismissalJUN142017_02B52032017-06-14 · 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 Petitioner, a design architect, proposed to work as a Building Information Modeling (BIM) specialist in sustainable architecture design, aiming to minimize environmental impact of buildings.

Field: sustainable architecture / building information modeling (BIM) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional; this was not disputed.

Prong 1 — national importancenot established · dispositive

the record does not show that the benefits of his planning and design work would extend beyond his firm and its architectural projects at a level sufficient to demonstrate the national importance of his endeavor
his BIM activities do not meet the "national importance" element of the first prong of the Dhanasar framework

AAO decision text

How the evidence was treated

  • other · discounted
    without sufficient documentation of their broader impact, his BIM activities do not meet the "national importance" element
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Local, not national scope · p1impact confined to clients / a region
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
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Notable

Appeal was summarily dismissed as abandoned under 8 C.F.R. 103.2(b)(13)(i) for failure to respond to an AAO-issued RFE; AAO also addressed the merits 'in the alternative,' finding the Dhanasar prongs unmet, with prong 1 explicitly dispositive of the alternative merits analysis.

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)

Cases in adjacent profiles