NIW Bearings
dismissedMAR282024_07B52032024-03-28 · 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 Petitioner, an electromechanical engineer, proposed to work with cold (non-thermal) plasma technology, including a cylindrical inductor system, with claimed applications in purifying industrial effluents, wastewater, manure, and mineral ore processing.

Field: electromechanical engineering / cold plasma technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“we agree with the Director that the manner in which the Petitioner would carry out any of these activities, and, therefore, his specific proposed endeavor is unduly vague.”
“The Petitioner has not provided a model of how his endeavor will employ U.S. workers or any study of the potential positive economic impacts.”
“the letters from ... are of little probative value as the letters do not specifically address the Petitioner's proposed endeavor and why it would have national importance.”
“it is the endeavor itself that is relevant and not the field of the endeavor. The evidence does not sufficiently demonstrate the proposed endeavor's national importance.”
“these articles are not specific to his proposed endeavor.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the letters ... are of little probative value as the letters do not specifically address the Petitioner's proposed endeavor and why it would have national importance.”
    AAO decision text
  • patents · discounted
    “we can give the patent application little weight in determining the national importance of the Petitioner's endeavor.”
    AAO decision text
  • media · discounted
    “these articles are not specific to his proposed endeavor.”
    AAO decision text
  • other · discounted
    “Counsel's unsubstantiated assertions do not constitute evidence.”
    AAO decision text
  • resume experience · discounted
All 6 evidence items
  • certification membership · ignored

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • national importance not shown · p1 — national importance asserted without a record that reaches it
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Notable

AAO expressly declined to reach the exceptional-ability threshold issue despite noting the Director's decision contained an internal contradiction (erroneously stating Petitioner 'submitted sufficient evidence to establish that he is an alien of exceptional ability') and that the Director failed to analyze a submitted Ukrainian licensure printout; both issues were reserved since prong 1 was dispositive. AAO also found substantial merit was met but national importance was not, an unusual split within prong 1.

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. 204.5(k)(2)
  • 8 C.F.R. 204.5(k)(3)(ii)
  • Flores v. Garland
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(B)(2)
  • USCIS Policy Manual F.5(D)(1)

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