NIW Bearings
dismissedMAY042023_07B52032023-05-04 · 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, an electrical engineer, sought to continue working for U.S. employers designing and maintaining electrical control panels and switchgear used by utility companies.

Field: electrical engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner's master's degree in management information systems qualified him as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

he has not provided sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and its customers to impact the field of energy systems maintenance and design
the relevant question is not the importance of the field, industry, or profession in which the individual will work
The record does not contain evidence of any benefits to the U.S. regional or national economy resulting from the Petitioner's employment

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not indicate how his continued employment in the field will affect the field on a national level
    AAO decision text
  • resume experience · discounted
    As the petition was filed in 2019, this letter cannot serve as evidence to establish the Petitioner's eligibility.
    AAO decision text
  • other · discounted
    the Petitioner cannot infer the impact of the endeavor without evidence
    AAO decision text
  • degree · credited

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

The AAO expressly analogized the case to Dhanasar's own example of a classroom teacher, reasoning that the Petitioner's work, though STEM-related, did not extend beyond his employer and its clients. A footnote also disregarded a post-filing-date employment letter under Matter of Izummi/Katigbak as it postdated the petition's filing.

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
  • Matter of Izummi
  • Matter of Katigbak
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles