NIW Bearings
dismissedMAR202025_08B52032025-03-20 · appeal · Nebraska 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 Beneficiary, a software verification and validation (V&V) engineer at an automotive parts manufacturer, sought to continue quality assurance and validation of software for electronic control units and related EV subsystems, including charge and transmission controller technology.

Field: software/electrical engineering (automotive industry, EV software verification and validation) · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Beneficiary qualifies as a member of the professions holding an advanced degree.

Prong 1 — national importancenot established · dispositive

Benefits that are isolated to a single institution or locality in the United States might be so attenuated at the national level as to preclude a finding that the proposed endeavor has national importance.
the record does not sufficiently establish that the Beneficiary's duties as a software V&V engineer would impact the automative and EV car industry more broadly, at a level commensurate with national importance.
the letter does not sufficiently detail how the Beneficiary's work would have a broader impact on EV sales or safety standards within the automotive industry as a whole.
the issue here is not whether software development in the automotive industry, as a whole, is nationally important.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letter does not sufficiently detail how the Beneficiary's work would have a broader impact on EV sales or safety standards within the automotive industry as a whole
    AAO decision text
  • contract revenue · discounted
    it does not explain the endeavor's broader impact on the national economy or automotive industry, more broadly
    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 invoked USCIS STEM-specific guidance (Policy Manual F.5(D)(2)) to assess whether the endeavor advanced STEM technologies broadly, but found the Petitioner's evidence insufficient even under that framework.

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
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(1)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles