NIW Bearings
dismissedFEB122026_02B52032026-02-12 · 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, an attorney, proposes to operate an advisory firm providing immigration legal services, AI-powered technology solutions, and workforce development training to small law firms and legal professionals. She also plans to consult with other firms on integrating AI tools to improve operational efficiency and access to justice.

Field: immigration law / legal technology (AI integration) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found and AAO agreed that the Petitioner qualifies as a member of the professions holding an advanced degree, based on a master of law degree and foreign equivalents to U.S. bachelor's and master's degrees in legal studies plus a PhD in labor law.

Prong 1 — national importancenot established · dispositive

the record does not contain sufficient evidence to support the Petitioner's assertions of the national or global impact of her proposed endeavor on AI or the legal field.
the record establishes the impact of her proposed endeavor is limited to her clients or those who use her services.
the relevant question is not the importance of the field in which the individual will work; instead, we focus on the 'the specific endeavor that the [Petitioner] proposes to undertake'
the record does not provide evidentiary support for the stated financial projections to demonstrate how these numbers were calculated
the Petitioner has not offered sufficient evidence that her business will be located in an opportunity zone, participate in the program, or how it will impact an opportunity zone community
the record does not establish the staffing levels, business activity, or location of the company stand to provide the economic impact Dhanasar requires.

AAO decision text

How the evidence was treated

  • business plan · discounted
    the record does not provide evidentiary support for the stated financial projections to demonstrate how these numbers were calculated
    AAO decision text
  • recommendation letter · discounted
    this letter emphasizes the challenges in integrating AI into the legal field and the Petitioner's role in their project; not the broader implications of the Petitioner's proposed endeavor.
    AAO decision text
  • other · discounted
    it does not further the Petitioner's claim of her proposed endeavor's national importance.
    AAO decision text
  • other · discounted
    the letters in the record do not discuss the prospective impact of the Petitioner's proposed endeavor, they do not further establish the national importance of her proposed endeavor.
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

The AAO found substantial merit under prong 1 but denied on national importance alone, making this a split prong-1 decision. The decision explicitly redirected letters about the Petitioner's previously developed case management system (name redacted) and interest in a future technology system to prong 2 analysis, noting they were irrelevant to national importance. The Petitioner is herself an attorney filing pro se or with representation (unknown). The decision contains a minor drafting error: 'the record does contain sufficient evidence' where context clearly requires 'does not contain.'

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner conflated importance of AI/legal-tech field generally with the specific endeavor's impact; failed to substantiate job creation, revenue projections, or opportunity-zone benefits with credible evidence.

Transferable lesson

Support economic/job-creation and industry-impact claims with verifiable data and methodology, not industry-importance assertions or unsubstantiated business-plan projections.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · government_interest · economic_job_creation · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles