NIW Bearings
dismissedNOV132025_05B52032025-11-13 · 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, a mechanical engineer pursuing a doctorate, proposed to design and model novel HVAC system components—particularly air-source heat pump defrost controllers—to improve efficiency, while conducting research and later working for a commercial HVAC manufacturer.

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

EB-2 threshold — addressed

SCOPS determined the Petitioner qualified as a member of the professions holding an advanced degree based on his equivalent U.S. master's degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner did not establish that his proposed endeavor has national importance and thus, he did not meet the national importance requirement
SCOPS determined that the Petitioner did not describe his proposed endeavor with sufficient specificity, as he did not explain "how he will divide his time between the various facets"
it does not support or demonstrate its prospective potential impact nationally, or even globally, or through broader implications rising to a level of national importance
The Petitioner makes broad claims, without corroborating evidence, that his research would impact national government policies
SCOPS noted that the Petitioner's reliance on the importance of the field is insufficient to establish that his proposed endeavor is of national importance
merely citing to the Petitioner's work does not necessarily mean that others are utilizing his "innovations" or "recommendations" such that actual impact to the field may be established

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    Simply asserting the claim of contribution to the field does not persuasively establish actual contribution.
    AAO decision text
  • citations publications · discounted
    merely citing to the Petitioner's work does not necessarily mean that others are utilizing his "innovations" or "recommendations"
    AAO decision text
  • other · discounted
    This evidence, however, does not mention the Petitioner's specific proposed projects and their potential impact
    AAO decision text
  • degree · credited

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • 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
249coded 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 declined to reach prongs 2 and 3 as unnecessary given the dispositive prong 1 failure, but included a footnote stating that even if it had reached those prongs, it would still have dismissed the appeal because the Petitioner presented no new evidence on appeal addressing SCOPS' findings on those prongs. The AAO also distinguished Buletini v. INS, holding that agencies need not individually address every piece of evidence submitted.

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. 204.5(k)(2)
  • Buletini v. INS
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles