NIW Bearings
dismissedJUN182024_11B52032024-06-18 · 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.

A civil engineer proposed to work as a consultant to private companies and public entities in the U.S. on water and sewer system development, water optimization, green infrastructure integration, and flood mitigation.

Field: civil engineering (water and sewer infrastructure) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found and AAO agreed Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree; not in dispute on appeal.

Prong 1 — national importancenot established · dispositive

These articles attest to the importance of the Petitioner's field, but the determination of national importance does not focus on the importance of the field in general
the articles do not mention the Petitioner or address the national importance of her specific proposed endeavor
The authors do not, however, specify how the Petitioner's consultancy work has potential national or even global implications within the field
the Petitioner proposes to be a self-employed consultant who would not directly employ any individuals
the record does not show that the Petitioner's proposed endeavor would sufficiently extend beyond her potential clientele to impact her field more broadly

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not, however, specify how the Petitioner's proposed endeavor would have broader implications to her field that rise to the level of national importance
    AAO decision text
  • other · discounted
    the articles do not mention the Petitioner or address the national importance of her specific proposed endeavor
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
746coded 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 expressly rejected the Petitioner's argument that the Director erred by focusing on 'national implications,' holding de novo review confirmed no error even though the Director did not address every piece of evidence; cites multiple circuit cases for the proposition that adjudicators need not address every claim or piece of evidence.

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