NIW Bearings
dismissedMAR262025_04B52032025-03-26 · 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, a cost estimator with a master's in civil engineering, proposed to work as a cost estimator in the electric vehicle industry, focusing on development of EV battery plants in the United States.

Field: cost estimation / civil engineering (EV battery plant construction) · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner qualifies as an advanced degree professional based on his master's degree.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work; instead, we focus on the "the specific endeavor that the foreign national proposes to undertake."
merely working in an important field is insufficient to establish the national importance of the proposed endeavor.
the Petitioner has not demonstrated that the economic implications and technological advancements resulting from the company's operations would be directly attributable to his particular role.
the expert opinion letter is of little probative value as it conflates the importance of the field overall with the national importance of the specific endeavor.
the record does not include any specific plans as to how he will provide the necessary training programs, engage with government officials, or involve in decision making processes of national projects.

AAO decision text

How the evidence was treated

  • media · discounted
    None of the articles and reports specifically mention the Petitioner's name or his work
    AAO decision text
  • recommendation letter · discounted
    these letters only demonstrate the Petitioner's accomplishments in his past engagements and projects and do not sufficiently address his specific future endeavor
    AAO decision text
  • resume experience · discounted
    the Petitioner's knowledge, skills, and experience in the field relate to the second prong of the Dhanasar framework
    AAO decision text
  • certification membership · discounted
  • contract revenue · discounted
    the Petitioner's role as a cost estimator for EV battery plant projects is valuable for his employer; however, the Petitioner has not demonstrated
    AAO decision text
All 6 evidence items
  • other · discounted
    the expert opinion letter is of little probative value as it conflates the importance of the field overall with the national importance of the specific endeavor
    AAO decision text

Where this case turned

  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
746coded 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 addressed and rejected Petitioner's argument that the Director failed to engage with the evidence, citing case law that agencies need not address every piece of evidence when reasoned findings are made.

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
  • INA 203(b)(2)
  • Matter of E-M-

Cases in adjacent profiles