NIW Bearings
dismissedMAR302026_04B52032026-03-30 · 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 sought to develop and improve manufacturing processes using recycled materials, particularly composites, to enable flexible production of both mass-produced and custom architectural products in the United States.

Field: industrial engineering / manufacturing (recycled composites) · 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 industrial engineering.

Prong 2 — well positionednot established · dispositive

we agree that the Petitioner has not sufficiently demonstrated that he is well-positioned to advance the proposed endeavor as required by the second Dhanasar prong
the record does not contain other documentary evidence to support these claims.
it does not discuss the Petitioner's proposed endeavor nor describe his progress toward achieving it.
the record does not sufficiently establish the interest of potential customers, users, investors, or other relevant entities or individuals.
The Petitioner's name does not appear to be present in any of the HGTV promotional materials, nor are any of the Petitioner's claimed advancements or technologies featured

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    it does not discuss the Petitioner's proposed endeavor nor describe his progress toward achieving it.
    AAO decision text
  • resume experience · credited
  • media · discounted
    the record does not contain sufficient evidence to establish that any of the Petitioner's claimed manufacturing advancements or processes were the reason that his employer was contracted
    AAO decision text
  • contract revenue · discounted
    the record does not clearly define the relationship between... there is no other documentary evidence... such as a licensing agreement
    AAO decision text
  • degree · credited
All 6 evidence items
  • certification membership · discounted
    the course information does not show that the Petitioner developed or led these courses, as claimed.
    AAO decision text

Where this case turned

  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • Letters not independent · p2letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
838coded 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 cites Flores v. Garland, 72 F.4th 85 (5th Cir. 2023) in a footnote to underscore that NIW adjudication is discretionary, joining several circuits. The AAO expressly declines to reach prongs 1 and 3 after finding prong 2 dispositive, invoking INS v. Bagamasbad to avoid advisory findings.

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

Cases in adjacent profiles