NIW Bearings
dismissedMAR182025_02B52032025-03-18 · 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.

The Petitioner, an industrial engineering manager, sought to operate his own LLC providing comprehensive engineering services (management, manufacturing, automation, programming, assembly, installation) primarily to clients in the automotive industry.

Field: industrial engineering / automotive engineering services · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director determined the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

“the Petitioner has not established his proposed endeavor sufficiently extends beyond his company and its clientele to impact the industry or the field more broadly”
“the industry reports and articles ... provide background information on the broader field or industry ... but do not discuss the Petitioner's specific endeavor and its impact”
“the Petitioner here did not demonstrate how his claimed employment and revenue projections, even if credible, have significant potential to employ U.S. workers or otherwise offer substantial positive economic effects”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “did not provide sufficient basis as to how the projected hiring of 41 full-time employees ... demonstrates "significant potential to employ U.S. workers."”
    AAO decision text
  • media · discounted
    “provide background information on the broader field or industry ... but do not discuss the Petitioner's specific endeavor and its impact”
    AAO decision text
  • other · discounted
    “did not explain how merely locating his business in a HUBZone qualifies as job creation in an "economically depressed area."”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO expressly adopts and affirms the Director's decision under Matter of Burbano rather than conducting independent analysis; case includes a HUBZone/economically depressed area argument for job creation that was rejected for lack of specificity.

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
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

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