NIW Bearings
dismissedMAY252023_06B52032023-05-25 · 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 with expertise in the oil and gas industry, sought to continue his work through his own consultancy and maintenance company in the United States.

Field: electrical engineering (oil and gas industry) · Read the decision (uscis.gov)

Prong 1 — national importancenot established

the record does not establish that the proposed endeavor will have broader implications in the field
The Petitioner's purported expertise as an engineer in the oil and gas industry alone is not sufficient to establish his eligibility

AAO decision text

Prong 2 — well positionednot established

explains how the evidence does not establish that the Petitioner is well positioned to advance the proposed endeavor

AAO decision text

Prong 3 — balance of factorsnot established

why USCIS could not conclude that the Petitioner is eligible for, and merits, a national interest waiver as a matter of discretion

AAO decision text

How the evidence was treated

  • citations publications · discounted
  • other · ignored
    this argument is not related to whether the Petitioner has established his eligibility for a national interest waiver
    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
  • Record of success insufficient · p2a claimed track record the documents do not establish
  • Derivative of Prong 1/2 failure · p3prong three fails only because prongs one or two did — no independent ground
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Notable

Petitioner, appearing pro se, argued the Director applied an incorrect legal standard and submitted a ResearchGate.net percentile printout for the named petitioner in Matter of Dhanasar to argue comparable qualification, along with unrelated news articles about illegal immigration; the AAO found these arguments irrelevant and adopted and affirmed the Director's decision under Matter of Burbano.

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
  • Chen v. INS
  • Poursina v. USCIS

Cases in adjacent profiles