NIW Bearings
dismissedOCT292024_01B52032024-10-29 · 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 electrical engineer and project manager, proposed to continue working in the engineering design, development, and construction of renewable energy generation systems to improve efficiency and reliability of electricity and energy grid capacity.

Field: electrical engineering / renewable energy · Read the decision (uscis.gov)

EB-2 threshold — addressed

Petitioner conceded to qualify for EB-2 as an advanced degree professional based on U.S. bachelor's and master's degrees in engineering.

Prong 1 — national importancenot established · dispositive

the evidence does not demonstrate that it would have significant potential to employ U.S. workers, have substantial positive economic impact in this country, broadly impact the industry on national or global level beyond his potential employer and customers
the referenced evidence and assertions focus on his skills and profession, which relate to Dhanasar's second prong and pertain to whether he is well positioned for his endeavor and "shifts the focus from the proposed endeavor to the foreign national."
the importance of a proposed endeavor is determined by its specific potential prospective impact, not by the occupation or industry, in which he proposes to engage based on his qualifications
the record lacks detail and probative evidence on the claimed economic impact and hiring potential, such as financial or employment projections, directly attributable to the proposed endeavor
the record does not contain persuasive explanation or specific evidence that being an electrical engineer and project manager with development goals in the stated subjects, whether in a STEM field, has broader implications

AAO decision text

How the evidence was treated

  • resume experience · discounted
    the referenced evidence and assertions focus on his skills and profession, which relate to Dhanasar's second prong
    AAO decision text
  • recommendation letter · discounted
    the record (primarily including his assertions, support letters, and the general industry reports and articles) does not demonstrate how his proposed endeavor... would have the national or global implications
    AAO decision text
  • other · discounted
    Other than generally reiterating the importance of the renewable energy industry... the record lacks detailed, objective evidence
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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

The Director had found prong 1 (merit) and prong 2 satisfied but prong 3 not met; AAO instead found prong 1's national-importance sub-element unmet and treated that as dispositive, expressly declining to reach prongs 2 and 3 despite the Director's differing findings.

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.

  • Flores v. Garland
  • Matter of E-M-

Cases in adjacent profiles