NIW Bearings
dismissedSEP302024_06B52032024-09-30 · 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 aircraft interior technician, proposed to work for an aviation company in Florida providing interior inspection, consulting, and training services for executive jet manufacturing, with career aspirations to advance to production supervisor and manager.

Field: aircraft maintenance / aviation manufacturing · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

“the Petitioner did not establish that his specific proposed endeavor has national importance”
“the Petitioner must demonstrate the national importance of his specific, proposed endeavor of working within his field rather than the overall importance of the aviation industry”
“the Petitioner did not show how his particular employment services stand to sufficiently extend beyond his prospective employer”
“the Petitioner did not show how his employment would have significant potential to employ U.S. workers or otherwise offer substantial positive economic effects”

AAO decision text

Prong 2 — well positionednot established · dispositive

“the expert opinion letter does not establish that the Petitioner is well-positioned to advance the proposed endeavor”
“Having attained only the lowest supervisory level at his current firm, the Petitioner has not met his burden to show he is well-positioned to advance his endeavor”
“it is speculative whether the Petitioner will meet his short and medium-term goals”
“the professional personal statement reflects an intention to continue working in his current company, not provide consulting services”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the expert opinion letter does not add sufficient analysis or corroborating details to support the restated claims”
    AAO decision text
  • business plan · discounted
    “it is speculative whether the Petitioner will meet his short and medium-term goals”
    AAO decision text
  • resume experience · discounted
    “Having attained only the lowest supervisory level at his current firm”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
  • Business plan speculative · p2 — projections without a documented basis or steps
  • Letters conclusory · p2 — letters praise skills in general terms without tracing specific impact
  • Record of success insufficient · p2 — a claimed track record the documents do not establish
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Notable

AAO notes it previously dismissed a prior appeal for the same endeavor without reaching prong 2, so it addresses that prong for the first time here; each of the two prong failures is treated as an independent alternate basis for dismissal.

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
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of Katigbak
  • Matter of L-A-C-

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