NIW Bearings
dismissedMAR102020_01B52032020-03-10 · 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, employed as a sterilization/infection-control supervisor at a dental college and surgical center, proposed to work as an infection control manager and material scientist, encompassing sterilization and infection-control management, microbiological research, and pursuit of a Ph.D. in microbial science and infection prevention.

Field: infection control / sterilization management · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employers and their patients to impact his field or the U.S. healthcare industry more broadly
the record does not establish that his clinical work would impact the field of surgery or the healthcare field more broadly, as opposed to being limited to the patients at medical center where he serves
he does not discuss the capacity in which he will work in these areas or the specific nature of his future U.S. research endeavors
the record does not show that benefits to the U.S. regional or national economy resulting from the Petitioner's activities would reach the level of "substantial positive economic effects"

AAO decision text

How the evidence was treated

  • other · credited
  • resume experience · discounted
    this letter did not identify his position or job duties
    AAO decision text
  • degree · 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
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • 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

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)
  • INA 291
  • Poursina v. USCIS

Cases in adjacent profiles