NIW Bearings
dismissedNOV302023_05B52032023-11-30 · 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, a project manager with experience in oil refinery shutdown maintenance, proposed to continue working as a project manager and develop an innovative predictive maintenance plan combining Reliability-Centered Maintenance, Root Cause Analysis, and AI for critical refinery equipment.

Field: oil and gas project management / refinery maintenance · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed Petitioner qualifies as advanced degree professional based on bachelor's equivalent plus five years progressive experience.

Prong 1 — national importancenot established · dispositive

the Petitioner has not established that his specific proposed endeavor has national importance
it is unclear how the prospective impact of the Petitioner's work, research or otherwise, would extend beyond the prospective employer and rise to a level that would be commensurate with having national importance
The plan does not specify what portion of the Petitioner's time would be devoted to research, nor does it offer a blueprint for disseminating any research findings throughout the oil and gas industry
the Petitioner has not established that the benefits of his plan would extend beyond his prospective employer, thus resulting in a "substantial positive economic effect" that would be commensurate with national importance
Petitioner does not explain how his plan would more broadly impact the oil refinery industry or the nation, as claimed

AAO decision text

How the evidence was treated

  • business plan · discounted
    The plan does not specify what portion of the Petitioner's time would be devoted to research, nor does it offer a blueprint for disseminating any research findings
    AAO decision text
  • other · discounted
    none of the five articles mentioned the Petitioner's specific endeavor
    AAO decision text
  • resume experience · credited
  • degree · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
1,312coded 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 relied heavily on the Petitioner's own supporting articles and study, finding none of them specifically discussed his endeavor of combining RCM, RCA, and AI for refinery maintenance, despite his claims they supported national importance.

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
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles