NIW Bearings
dismissedMAR262026_01B52032026-03-26 · 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 process engineer, proposed to research, develop, and commercialize an ammonia-based hydrogen membrane reactor for off-grid agricultural power and low-carbon hydrogen retrofits for steam methane/autothermal reformers, separate from his current employment.

Field: chemical/process engineering (hydrogen membrane reactors, carbon capture) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional based on his master's degree in chemical engineering.

Prong 1 — national importancenot established · dispositive

the Petitioner's description of his proposed endeavor is not sufficiently detailed to understand and meaningfully consider whether it is of national importance
This evidence, however, does not mention the Petitioner's specific proposed projects and their potential impact on the field or on such national initiatives and policies.
the growth and importance of an industry are not sufficient to meet the national importance requirement under the Dhanasar framework
Beyond general assertions, the Petitioner has not demonstrated with sufficient corroborating independent and objective evidence that the research he proposes to undertake offers the claimed innovations

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters do not identify or address his specific proposed endeavor in meaningful detail
    AAO decision text
  • business plan · discounted
    he has not explained or offered evidence about the development of his intended products
    AAO decision text
  • degree · credited
  • other · discounted
    This evidence, however, does not mention the Petitioner's specific proposed projects and their potential impact on the field or on such national initiatives and policies
    AAO decision text

Where this case turned

  • 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
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 expressly reclassified several of the Petitioner's letters and skill-based evidence as relevant to Dhanasar's second prong even though they were submitted and argued under prong one, then declined to reach prongs two and three as dispositive-issue economy.

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
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles