NIW Bearings
remandedMAY052026_01B52032026-05-05 · 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 Petitioner, a Brazilian-trained industrial engineer, sought to work in the United States as a manufacturing optimization consultant, drawing on prior experience as a lean manufacturing engineer for building materials manufacturers in Brazil and Argentina.

Field: industrial/manufacturing engineering (manufacturing optimization consulting) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS denied on the ground that the Petitioner lacked a bachelor's degree plus five years of progressive experience equivalent to a master's degree, but AAO found SCOPS failed to acknowledge or address the employment letters and credential evaluation submitted; matter remanded for proper consideration rather than affirmed as failed.

How the evidence was treated

  • degree · credited
  • resume experience · ignored
    SCOPS did not acknowledge these letters or explain why they do not adequately meet the applicable requirements.
    AAO decision text

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Notable

SCOPS never reached the merits of the national interest waiver claim, having denied solely on threshold EB-2 grounds; AAO found SCOPS's threshold analysis inadequate (failed to address submitted employment letters and credential evaluation) and remanded for a new decision, instructing that if threshold eligibility is established, SCOPS should then address the NIW merits.

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. 204.5(g)(1)
  • 8 C.F.R. 204.5(k)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS failed to acknowledge or explain rejection of employer letters supporting five years' progressive experience, making its eligibility denial unsupported; remanded for proper evaluation.

Transferable lesson

Ensure adjudicators substantively address all submitted employment/experience evidence before denying underlying EB-2 eligibility; procedural omission alone warrants remand regardless of NIW merits.

Endeavor framing

vague

Evidence targeting

person_focused

Cases in adjacent profiles