NIW Bearings
dismissedMAR242025_01B52032025-03-24 · 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 engineer with a PhD, proposed to apply optimization techniques to supply chain networks, including resilient disaster-response logistics, machine-learning-aided vehicle routing algorithms, and multi-agent order picking in warehouses.

Field: industrial engineering / supply chain optimization · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director and AAO agreed Petitioner qualifies for EB-2 as an advanced degree professional based on his PhD.

Prong 1 — national importancenot established · dispositive

These articles discuss issues relevant to the Petitioner's research, but they do not address his specific proposed endeavor.
our assessment ofnational importance does not focus on the importance of a field or occupation in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."
simply working in a STEM field and with critical and emerging technologies alone is not sufficient to establish the national importance of a specific proposed endeavor.
S-F-, F-S-G-, M-N- and C-K- do not discuss any of the three projects specified in the Petitioner's description of his proposed endeavor.
It does not, however, establish the potential prospective impact of his specific proposed endeavor.
the relevant evidence does not establish that the Petitioner's proposed endeavor would have substantial positive economic effects, national or even global implications within his field, or other broader implications indicating national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not discuss any of the three projects specified in the Petitioner's description of his proposed endeavor
    AAO decision text
  • citations publications · discounted
    does not, however, establish the potential prospective impact of his specific proposed endeavor
    AAO decision text
  • other · discounted
    discuss issues relevant to the Petitioner's research, but they do not address his specific proposed endeavor
    AAO decision text

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
249coded 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 faulted the Director for not fully analyzing national importance under all Dhanasar factors, but still found the record itself insufficient on de novo review; the petitioner's articles cited to argue field-level importance (climate, AI policy, infrastructure law) were rejected as not tied to the 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
  • Flores v. Garland
  • Matter of L-A-C-

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