NIW Bearings
dismissedSEP152021_13B52032021-09-15 · 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.

A postdoctoral mechanical engineering researcher proposed to conduct experiments and research on certain surface/fluid dynamics systems to improve efficiency, with claimed applications for energy consumption and industrial fields, and disseminate the results to the field.

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

Prong 1 — national importancenot established · dispositive

The record does not establish how "technology for new missions" may correspond to consumption or the industries.
he does not elaborate how the proposed endeavor would result in "national or even global implications within a particular field."
In determining national importance, the relevant question is not the importance of the industry, field, or profession in which the individual will work
the Petitioner has not established that the proposed endeavor has national importance, as required by the first Dhanasar prong

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the RFE response presented a new set of facts regarding the proposed endeavor, which is material to eligibility
    AAO decision text
  • other · discounted
    The information provided by the Petitioner in the response to the Director's RFE did not clarify or provide more specificity to the proposed endeavor as initially described
    AAO decision text

Where this case turned

  • 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
1,581coded 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 reversed the Director's own favorable finding on prong 1 (national importance), applying the material-change-of-facts doctrine (Matter of Michelin Tire Corp.) to disregard the RFE-response description of a new research position/focus as impermissibly changing the endeavor from that stated at filing, then found the originally-stated endeavor itself insufficiently specific to show 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. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(8)
  • INA 203(b)(2)
  • INA 291
  • Matter of Izummi

Cases in adjacent profiles