NIW Bearings
dismissedFEB062026_02B52032026-02-06 · 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 Beneficiary, a technical project lead at a semiconductor equipment company, proposed to lead the design and implementation of PFAS-free mechanical hardware solutions for extreme ultraviolet (EUV) photolithography machines to improve chip manufacturing efficiency and eliminate harmful chemicals from high-tech manufacturing.

Field: mechanical engineering / semiconductor lithography (PFAS elimination) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Beneficiary qualifies as an advanced degree professional; AAO did not disturb this finding.

Prong 1 — national importancenot established · dispositive

“working in, or adjacent to, an important industry or sector, even one that is the subject of national priorities, is not sufficient, in and of itself, to establish the national importance of the proposed endeavor.”
“the main benefits of the proposed endeavor appear to flow to the Petitioner itself rather than to the field overall.”
“Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether an individual's endeavor has national importance.”
“the expert opinion and other support letters are of little probative value, as they conflate the importance of the field and Petitioner's influence overall with the national importance of the Beneficiary's specific endeavor.”
“Many of the letters focus on the importance of the semiconductor industry, rather than the proposed endeavor.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “they conflate the importance of the field and Petitioner's influence overall with the national importance of the Beneficiary's specific endeavor.”
    AAO decision text
  • other · discounted
    “working in, or adjacent to, an important industry or sector, even one that is the subject of national priorities, is not sufficient, in and of itself”
    AAO decision text
  • resume experience · discounted
    “an individual's knowledge, skills, expertise, and accomplishments are considerations under Dhanasar's second prong, which shifts the focus from the proposed endeavor to the foreign national.”
    AAO decision text

Where this case turned

  • 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
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
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Notable

The AAO raised a proprietary-work concern — noting the record was unclear whether the Beneficiary's proposed work would be proprietary to the employer, which would further limit any showing of broader national impact. This employer-proprietary issue was flagged as an additional reason the endeavor's impact could not extend beyond the company, though the AAO ultimately resolved the case on the broader employer-specific-benefit and field-conflation grounds without needing to decide the proprietary question definitively.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Endeavor was not distinguished from proprietary employer work; evidence showed benefits flowing mainly to Petitioner/clients, not broader field, region, or public despite industry significance.

Transferable lesson

Show how the endeavor's impact extends beyond the employer's proprietary interests to the field/nation, with specificity attributable to the beneficiary, not just industry importance.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · public_health · us_competitiveness · field_advancement

Evidence targeting

person_focused

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