NIW Bearings
dismissedSEP282023_11B52032023-09-28 · 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 civil engineer, proposed to establish a consulting company to work with energy companies on clean energy/wind turbine projects, including design, inspection, and conference presentations related to onshore and offshore wind energy.

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

EB-2 threshold — addressed

Director found Petitioner qualified as an advanced degree professional based on bachelor's degree plus over five years of progressive experience; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry, field, or profession in which an individual will work
the Petitioner has not established that the proposed endeavor has the potential for positive economic effects commensurate with national importance
the business plan does not describe the business activity that it will conduct with its clients, nor state an intention to operate in an economically depressed area
neither the Petitioner's personal statements nor his business plan describe a plan to employ any U.S. workers

AAO decision text

How the evidence was treated

  • business plan · discounted
    did not contain sufficient information to establish national importance
    AAO decision text
  • other · discounted
    relate to renewable energy in general, not to the Petitioner's specific proposed endeavor
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
1,312coded 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

Petitioner argued the Director conflated the proposed endeavor with proposed employment and failed to consider all evidence; AAO rejected both arguments, noting a district court decision is non-binding and citing multiple circuit precedents on agencies not needing to address every piece of evidence. AAO also addressed Petitioner's argument that the Director imposed a 'novel, arbitrary' standard by paraphrasing Dhanasar's 'significant potential to employ U.S. workers' language, finding no meaningful deviation from Dhanasar.

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. 103.3
  • Buletini v. INS
  • Matter of L-A-C-
  • Poursina v. USCIS

Cases in adjacent profiles