NIW Bearings
dismissedMAY242021_02B52032021-05-24 · 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 HVAC mechanical engineer, proposed to continue working as an HVAC engineer for a U.S. employer and its clients, managing projects such as HVAC system selection, duct and piping design, and energy efficiency work.

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

Prong 1 — national importancenot established · dispositive

she does not identify the specific HV AC projects she plans to undertake in the United States.
the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond her employer and its clientele to impact the mechanical engineering field or HVAC industry more broadly
the Petitioner has not demonstrated that the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to her future work

AAO decision text

How the evidence was treated

  • resume experience · discounted
    The issue here is whether the specific endeavor that she proposes to undertake in the United States has national importance
    AAO decision text
  • citations publications · discounted
    The Petitioner, however, did not author the article.
    AAO decision text
  • other · discounted
    it is not necessary for her to have a job offer from a specific employer
    AAO decision text
  • degree · ignored

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
  • 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 withdrew the Director's finding regarding the missing Form ETA-750B (petitioner had provided it on RFE) but still dismissed on prong 1 grounds. A footnote clarifies that petitioner's skills/experience evidence relates to prong 2, not prong 1's national importance analysis, illustrating the AAO's conflation-of-field-vs-endeavor reasoning. The AAO expressly adopted the Director's prong 2 and 3 findings without independent analysis, citing Matter of P. Singh.

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.

  • Chen v. INS
  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to identify a specific proposed endeavor beyond generic HVAC engineering employment duties, and showed no evidence the work would impact the field or economy beyond her employer's clientele.

Transferable lesson

Define a concrete endeavor (not just a job/field) and provide evidence of its prospective scale—job creation, economic effects, or field-wide impact—beyond the employer's own operations.

Endeavor framing

vague

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles