NIW Bearings
dismissedMAR242026_01B52032026-03-24 · appeal

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, a software/mechanical engineer working full-time developing motion-planning control algorithms for a humanoid robot, proposed to continue researching and developing model-based control algorithms for legged robots to advance robotics applications and reduce human involvement in dangerous tasks.

Field: mechanical engineering / robotics (legged robot motion control) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agree the Petitioner qualifies as an advanced degree professional; not contested on appeal.

Prong 1 — national importancenot established · dispositive

the record does not establish that the proposed endeavor has national importance, as required by the first Dhanasar prong
the record contains limited information regarding what the proposed endeavor will actually entail, what it will produce, when it will produce those unspecified results
the record does not establish how that work may have broader implications within the field of mechanical engineering or any other field rather than benefitting merely his employer
none of the publications...address...how the specific endeavor may have national or even global implications within the field of mechanical engineering or any other field, substantial positive economic effects
the relevant question for determining national importance is not the importance of the industry, field, or profession implicated by a proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    abnormal, faded, fuzzy, or pixelated signatures...casts doubt on whether the letters express the personal knowledge and opinions of the purported authors
    AAO decision text
  • citations publications · discounted
    the letters that provide generalized information bear minimal probative value for determining the issue of whether the proposed endeavor may have national importance
    AAO decision text
  • business plan · discounted
    the record does not establish what the Petitioner actually contributes to these research projects...and other details to substantiate this claimed aspect
    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
  • 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
  • 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 flagged multiple support letters as bearing apparently non-handwritten (faded/pixelated/word-processed) signatures under 8 C.F.R. 103.2(a)(2), casting doubt on their authenticity and reliability—an unusual evidentiary-integrity finding beyond typical conclusory-letter critiques. AAO also rejected petitioner's abuse-of-discretion argument that SCOPS imposed a novel requirement, finding the argument mischaracterized SCOPS' reasoning.

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
  • 8 C.F.R. 103.5
  • Buletini v. INS
  • Flores v. Garland
  • Matter of Ho
  • Matter of L-A-C-

Cases in adjacent profiles