NIW Bearings
dismissedAPR132026_03B52032026-04-13 · appeal · SCOPS 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 proposed to lead a nationwide initiative to develop and implement a standardized materials management model for energy, construction, and mining projects in the United States, integrating existing technology systems and transferring knowledge to the workforce.

Field: materials engineering / materials management · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO both found the Petitioner qualifies as an advanced degree professional; threshold EB-2 was not at issue on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner's supplemental professional plan lacks specific details about the Initiative to meaningfully consider whether it is of national importance.
the plan does not explain with specific details or provide evidence that the Initiative's integration of existing technology systems is innovative or provides new methods for the field of materials engineering.
The Petitioner has not provided independent and objective evidence sufficient to corroborate his claims that his proposed endeavor stands to provide broader impacts on the U.S. economy, job creation, the environment, societal welfare, and national initiatives.
working in or establishing a business in an important field is insufficient on its own to establish the national importance of the proposed endeavor.
without sufficient documentary evidence that his proposed endeavor to develop and implement the Initiative for companies in the United States would impact the materials engineering field, or the energy, mining, and infrastructure industries more broadly rather than benefiting him and the companies he would work with
he has not demonstrated that the work he proposes to undertake as a materials engineer to develop and implement the Initiative offers the claimed innovations that contribute to advancements in his field.

AAO decision text

How the evidence was treated

  • other · discounted
    the plan briefly describes his Initiative providing general statements about its objectives and five-year timeline.
    AAO decision text
  • recommendation letter · discounted
    The letters, however, speak in general terms about the Initiative and its potential impacts.
    AAO decision text
  • other · discounted
    both opinions provide general statements that he intends to develop technological advancements to improve operational efficiencies and costs for the energy, construction, and mining industries.
    AAO decision text
  • degree · credited
  • resume experience · discounted
    His professional experience relates to the second prong of the Dhanasar framework, which 'shifts the focus from the proposed endeavor to the foreign national.'
    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
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Notable

The AAO partially sustained the appeal by withdrawing SCOPS' finding that the endeavor lacked substantial merit, but still dismissed on national importance grounds under prong 1. The AAO drew an explicit comparison to the Dhanasar petitioner's hypersonic propulsion research to illustrate the level of specificity and innovation required. The AAO also rejected the argument that alignment with named federal executive orders and legislation (Unleashing American Energy EO, Inflation Reduction Act, Bipartisan Infrastructure Law) suffices to establish national importance of a specific endeavor.

What this case teaches

Analyst reading of the decision text.

Decisive factor

The proposed endeavor lacked sufficient specificity and evidentiary support to show its impact would extend beyond the petitioner's clients to the broader field or economy at a nationally significant level.

Transferable lesson

Support national-importance claims with concrete, quantified, endeavor-specific evidence—not general economic/policy alignment or credential-focused letters.

Endeavor framing

moderate

National-importance theory

economic_job_creation · economic_growth_generic · field_advancement · government_interest

Evidence targeting

person_focused

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