NIW Bearings
dismissedNOV292023_01B52032023-11-29 · 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 industrial instrumentation specialist, proposed to advance his career by providing instrumentation, maintenance, and technical services to businesses in the private and public sectors, including in the oil and gas industry.

Field: industrial instrumentation · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the proposed endeavor appears to benefit the Petitioner's employer and its clients; however, it does not appear to have broader implications or substantial positive economic effects indicative of national importance”
“the record does not establish with specific, probative information how the Petitioner's instrumentation technician endeavor would have broader implications beyond his employer's and its clients' profits, customer service, and work safety”
“the record does not establish with probative information the types of jobs his endeavor may create, the number of workers his endeavor may cause to be employed, where those workers will work”

AAO decision text

How the evidence was treated

  • resume experience · discounted
    “the Petitioner's references to his prior employment experience, qualifications, and past contributions and achievements are misplaced in the context of the first Dhanasar prong”
    AAO decision text
  • motion resubmission · discounted
    “the appeal brief is for the most part identical to the response to the RFE, the Petitioner did not provide evidence to overcome the Director's concerns”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
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Notable

Petitioner attempted to import evidence of past achievements/experience into the Prong 1 national importance analysis, which the AAO explicitly held is misplaced there and belongs instead to Prong 2; AAO expressly reserved opinion on prongs 2 and 3.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

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