NIW Bearings
dismissedNOV132025_03B52032025-11-13 · 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 work as a researcher developing contactless, long-range wireless charging technology for smartphones using resonance frequencies, with plans to patent and present the technology at industry conferences.

Field: wireless charging technology / electrical and computer engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with SCOPS that Petitioner qualifies for EB-2 as an advanced-degree professional based on his master's degree.

Prong 1 — national importancenot established · dispositive

The Petitioner has not provided sufficient information or evidence to establish that his proposed endeavor offers benefits that extend beyond his employer, licensees, and their customers
The Petitioner's references speculate about how the Petitioner's long-distance wireless charging technology may affect American consumers, emergency personnel, and soldiers in battlefield
However, the letters do not offer sufficient information or evidence to support the proposed endeavor's impact rising to the level of national importance.
merely working in an important STEM field is insufficient to establish the national importance of the proposed endeavor

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    letters solicited by an alien in support of an immigration petition are of less weight than preexisting, independent 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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

AAO's discussion of the SCOPS decision's favorable findings on prongs 2 and 3 was somewhat internally inconsistent in phrasing, but the decision turned entirely on prong 1 national importance, with prongs 2 and 3 expressly reserved as unnecessary to reach.

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. 103.5
  • Flores v. Garland
  • Matter of L-A-C-
  • Matter of V-K-
  • Visinscaia v. Beers

Cases in adjacent profiles