NIW Bearings
dismissedDEC122025_01B52032025-12-12 · 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 sought to operate an all-in-one technology agency offering IT services—web, mobile, and cloud solutions, including AI development—to U.S.-based startups and small businesses.

Field: information technology / software development services · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed Petitioner qualified as an advanced degree professional based on his foreign equivalent master's degree in computer science.

Prong 1 — national importancenot established · dispositive

Here, the Petitioner has not demonstrated how his specific proposed endeavor will have national or global implications in the field.
As SCOPS explained in the denial, merely working in an important field or in an area a government entity has described as a priority is insufficient to establish the national importance of the proposed endeavor.
However, the Petitioner does not present any suppmiing evidence, corroborating the projections and figures presented in the business plan to demonstrate how his claimed revenue and employment projections
The Petitioner did not identify in the record below or now on appeal what standards his company is setting or how these standards or processes improve upon those already available

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner does not present any suppmiing evidence, corroborating the projections and figures presented in the business plan
    AAO decision text
  • contract revenue · discounted
    the Petitioner does not show how his future staffing levels would utilize a significant population of workers
    AAO decision text
  • degree · credited

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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

AAO agreed with SCOPS that Petitioner met threshold EB-2 classification and prong 2, but affirmed denial solely on national importance (prong 1), expressly reserving prongs 2 and 3 as dispositive-issue resolution rendered further analysis unnecessary.

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 L-A-C-

Cases in adjacent profiles