NIW Bearings
dismissedMAR172020_01B52032020-03-17 · 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, an engineering manager with a background in automotive manufacturing, sought to continue working as an engineering/quality manager for U.S. manufacturing companies, planning and coordinating engineering projects and implementing lean manufacturing and quality/safety improvement techniques.

Field: mechanical/production engineering (automotive manufacturing) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and its operations to impact the field of production engineering or the U.S. manufacturing industry more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation
the scope of that company's ... production alone is not sufficient to demonstrate her proposed endeavor's national importance
the relevant question is not the importance of the field, industry, or profession in which the individual will work

AAO decision text

How the evidence was treated

  • degree · credited
  • recommendation letter · discounted
    it is not necessary for her to have a job offer from a specific employer
    AAO decision text
  • other · discounted
    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

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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • 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

Notable

AAO explicitly distinguishes the importance of the petitioner's field/industry from the importance of her specific endeavor, and rejects industry-wide job-creation/shortage articles as insufficient to establish national importance of her individual role.

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.

  • Poursina v. USCIS

Cases in adjacent profiles