NIW Bearings
dismissedOCT042021_01B52032021-10-04 · 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 execution area supervisor (later promoted to a lead role) in an engineering/industrial field, sought to continue his employer-based technical project work in the United States.

Field: engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director concluded the Petitioner qualifies as a member of the professions holding an advanced degree; this was not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner does not offer sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance.
we look to evidence documenting the "potential prospective impact" of his work, not the importance or economic benefits of his industry.
the Petitioner has not demonstrated that the specific endeavor he proposes to undertake, as opposed to the industry as a whole or his employer, has significant potential to employ U.S. workers
we find the record does not show that the Petitioner's proposed endeavor stands to sufficiently extend beyond his employer and its projects to impact the industry more broadly

AAO decision text

How the evidence was treated

  • other · discounted
    The Petitioner references a number of internal "technical documents" he authored, but fails to establish their importance.
    AAO decision text
  • contract revenue · discounted
    we look to evidence documenting the "potential prospective impact" of his work, not the importance or economic benefits of his industry.
    AAO decision text
  • citations publications · discounted
    the Petitioner's expertise and record of success in previous projects are considerations under the second prong, which "shifts the focus from the proposed endeavor to the foreign national."
    AAO decision text

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
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

Petitioner repeatedly argued that his 'expertise and impact EXCEEDS that of [Dr.] Dhanasar,' directly comparing himself to the named petitioner in the controlling precedent decision; the AAO clarified that such comparisons of personal expertise belong under prong two, not prong one, and rejected the comparison on the merits.

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.

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

Cases in adjacent profiles