NIW Bearings
dismissedAPR292026_01B52032026-04-29 · appeal

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 Beneficiary, a product engineering team leader at an industrial monitoring systems company, proposed to lead product engineering duties and, per a later RFE response, to research, develop, and implement corrosion monitoring and chemical injection technologies for energy, water treatment, and manufacturing sectors.

Field: mechanical engineering / corrosion and erosion monitoring systems · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS determined Beneficiary qualifies for underlying EB-2 classification as an advanced degree professional; not contested on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner did not clearly state or explain the Beneficiary's proposed endeavor
the description of the Beneficiary's endeavor had changed from the time of filing to the RFE response
a petitioner's work in an important industry, even one that is the subject of national priorities, is not sufficient, in and of itself, to establish the national importance of the specific proposed endeavor
beyond these general descriptions, the Petitioner provided little detail about what these proposed activities would specifically entail

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    General statements about the Beneficiary's skills, expertise, and past accomplishments, or his work's potential impact, are insufficient
    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
  • Local, not national scope · p1impact confined to clients / a region
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Notable

Petitioner raised an APA/ultra vires argument claiming SCOPS improperly defined 'endeavor' beyond statutory/regulatory language; AAO rejected this, citing the Policy Manual's own definition. AAO also rejected Petitioner's claim that SCOPS failed to consider all evidence, citing Villegas Sanchez v. Garland on reasoned consideration.

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

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to clearly and consistently define the proposed endeavor, and evidence addressed Beneficiary's skills/industry generally rather than the specific endeavor's national impact.

Transferable lesson

Define the endeavor with consistent specificity from filing through RFE, and obtain letters that explain the specific endeavor's national-scale impact, not just the person's credentials.

Endeavor framing

vague

National-importance theory

critical_emerging_tech · economic_growth_generic · public_health

Evidence targeting

person_focused

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