NIW Bearings
remandedJUN272025_01B52032025-06-27 · 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, a mechanical engineering graduate with about seven years of masonry and construction experience in Canada, proposed to start a U.S. construction company specializing in masonry, concrete, levee, and historic restoration work framed around sustainability and cultural preservation.

Field: masonry and historic preservation / construction · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner qualified as an advanced-degree professional but never determined whether his proposed job actually requires an advanced-degree professional; AAO remands for SCOPS to make and explain that determination.

Prong 1 — national importanceestablished

we are unable to meaningfully review that finding because SCOPS' did not explain the reasons for its determination.

AAO decision text

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Notable

Unusual procedural posture: rather than affirming or reversing SCOPS' prong findings, the AAO withdraws the decision because SCOPS failed to analyze whether the job requires an advanced-degree professional and failed to explain its own favorable national-importance finding; the matter is remanded for a new, adequately explained decision rather than decided on the merits of prongs 2 or 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.

  • 8 C.F.R. 204.5(k)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS failed to (1) assess whether the proposed job requires an advanced-degree professional and (2) explain its reasoning for finding national importance, precluding AAO review; remanded rather than decided on merits.

Transferable lesson

Adjudicators must articulate specific reasoning tying the endeavor to job-duty advanced-degree requirements and to concrete national-scale impact, not conclusory findings.

Endeavor framing

moderate

National-importance theory

field_advancement · economic_job_creation · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles