NIW Bearings
dismissedSEP042024_02B52032024-09-04 · 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, an electrical engineer with expertise in electromagnetic compatibility/interference testing, proposed to work in the U.S. aviation industry as an electromagnetic environmental effects engineer, performing testing and developing technologies such as lightning protection systems for aircraft.

Field: electrical engineering (aviation/aerospace, electromagnetic compatibility) · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which a petitioner may work; instead, we focus on "the specific endeavor that the foreign national proposes to undertake."
he does not explain how the individual work he may perform, like performing EMC/EMI testing and analysis, HIRF testing, and developing lighting protection solutions for his employers will meaningfully impact the field at a level commensurate with national importance.
he has not shown how his individual contribution would result in broader implications to the field.
the Petitioner has not provided projected employment numbers and revenue growth contributable to his specific endeavor to establish how his endeavor will result in substantial economic benefits
Dr. A-A- did not provide explain how these benefits and his work would broadly impact the field.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    much of the content of the expert opinion letters and the recommendation letters lack probative value with respect to the national importance
    AAO decision text
  • patents · discounted
    a petitioner's expertise and record of success are considerations under Dhanasar's second prong
    AAO decision text
  • business plan · discounted
    he does not explain how the individual work he may perform...will meaningfully impact the field at a level commensurate with national importance
    AAO decision text
  • other · discounted
    the Petitioner has not shown that his endeavor will foster progress in STEM technologies or result in broader implications to his field
    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
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
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

AAO noted the Petitioner's appeal brief presented only 'general disagreement' with the Director's decision without identifying specific errors, which the AAO stated was 'alone... grounds for dismissal,' though it nevertheless proceeded to a full de novo merits analysis of prong 1.

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 Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-

Cases in adjacent profiles