NIW Bearings
dismissedMAR172022_01B52032022-03-17 · motion_reopen · 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 sought to continue advanced engineering and management work for his employer in the oil and gas industry, having been promoted to upstream portfolio global implementation lead.

Field: oil and gas / petroleum engineering · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

we concluded that the Petitioner's proposed endeavor would primarily impact his employer, rather than the field or industry more broadly.
the record does not establish that these two documents, or any of the similar reports the Petitioner submitted on motion, sufficiently demonstrate the national importance of the Petitioner's specific proposed endeavor
fails to sufficiently establish, for example, that any specific original innovations he has been responsible for have impacted his field

AAO decision text

How the evidence was treated

  • other · discounted
    Non-precedent decisions apply existing law and policy to the specific facts of the individual case, and may be distinguishable
    AAO decision text
  • other · discounted
    that is not the issue in this matter
    AAO decision text
  • resume experience · discounted
    these are considerations under the second prong, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text
  • motion resubmission · discounted
    has not established new facts relevant to our previous decision that would warrant reopening
    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
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 addressed the Petitioner's reliance on two prior non-precedent AAO decisions involving similar industry evidence (a White House Fact Sheet and DOE report), distinguishing them and clarifying that such general industry-importance evidence does not establish national importance of a specific endeavor.

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(c)
  • 8 C.F.R. 103.5
  • INA 203(b)(2)
  • Poursina v. USCIS

Cases in adjacent profiles