NIW Bearings
dismissedSEP292020_01B52032020-09-29 · 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 power/network communications engineer, proposed to redesign and strengthen the U.S. power transmission grid by creating a nationally interconnected, ring-structured energy system linking the Eastern, Western, and Texas Interconnections.

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

Prong 1 — national importanceestablished

“This documentation supports the Director's determination that the Petitioner's proposed endeavor aimed at redesigning the U.S. power transmission grid has substantial merit and national importance.”

AAO decision text

Prong 2 — well positionednot established · dispositive

“he does not explain how the Petitioner's transmission projects in constitute a record of success in developing a "national interconnected energy system."”
“she did not provide examples of how the Petitioner's work has had a significant effect beyond s transmission projects”
“their statements alone do not reflect a level of interest in his work from relevant parties sufficient to meet Dhanasar's second prong”
“Without sufficient evidence demonstrating the means or financial support to undertake his proposed endeavor to develop coast-to-coast electrical grid interconnection”
“the record does not include support from organizations such as the U.S. Federal Energy Regulatory Commission or North American Electric Reliability Corporation”
“he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the record does not include sufficient information or evidence demonstrating that the Petitioner was mainly responsible for devising a national interconnected energy system”
    AAO decision text
  • resume experience · discounted
    “he does not explain how the Petitioner's transmission projects in constitute a record of success”
    AAO decision text
  • certification membership · discounted
    “he has not shown that this professional license represents a record of success in his field”
    AAO decision text
  • degree · discounted
    “he has not shown that his academic accomplishments by themselves are sufficient to demonstrate that he is well positioned to advance his proposed endeavor”
    AAO decision text
  • media · discounted
    “it is not sufficient to demonstrate a record of success of, or interest in, his work”
    AAO decision text
All 6 evidence items
  • other · discounted
    “the communications do not offer adequate information to establish whether his proposed work on their behalf involves devising a national interconnected energy system”
    AAO decision text

Where this case turned

  • Education alone insufficient · p2 — degrees offered as positioning — credentials are not a track record
  • Funding absent · p2 — no documented funding or resources behind the plan
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

The AAO conducts an unusually granular, letter-by-letter dissection of multiple recommendation letters from foreign business partners, finding each individually complimentary but collectively insufficient; despite disposing of the case on prong two alone, the decision recites boilerplate that its reasons are 'each considered as an independent and alternate basis,' though only prong two was actually analyzed and found dispositive.

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.

  • INA 203(b)(2)
  • INA 291
  • Poursina v. USCIS

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