NIW Bearings
dismissedJAN132026_03B52032026-01-13 · 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, a software developer employed as a production engineer, proposed to develop a universal, open-source AI infrastructure with built-in fairness and bias mitigation mechanisms that could be rapidly scaled for use by businesses of all sizes across industries.

Field: artificial intelligence / software development · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has not offered sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance.
merely working in an important field is insufficient to establish the proposed endeavor's national importance.
they do not offer sufficient, detailed, and concrete examples of how the Petitioner's endeavor has the potential for broad and measurable implications for the country beyond impacting her employer and its clients.
Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether a person's endeavor has national importance.
alignment with general national goals, in and of itself, does not necessarily establish that the Petitioner's endeavor rises to the level of national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not offer sufficient, detailed, and concrete examples of how the Petitioner's endeavor has the potential for broad and measurable implications for the country beyond impacting her employer and its clients.
    AAO decision text
  • recommendation letter · discounted
    the author does not sufficiently explain how the Petitioner's specific projects stand to have an impact that extends beyond the company and its clients to influence the Petitioner's field of endeavor.
    AAO decision text
  • other · discounted
    the record does not include adequate corroborating evidence, to show that the Petitioner's specific proposed endeavor offers broader implications in her field.
    AAO decision text
  • resume experience · discounted
    the Petitioner's professional experiences are generally material to Dhanasar's second prong...but they are generally immaterial to the first Dhanasar prong.
    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 · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
746coded 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

SCOPS had already conceded prongs 1 (substantial merit) and 2 (well positioned), finding only national importance under prong 1 and prong 3 lacking; the AAO on appeal addressed only national importance under prong 1 as dispositive and declined to reach prong 3. The decision also flags an unresolved ambiguity about whether the petitioner's endeavor is truly independent of her employer or would be proprietary to it, though this was not treated as a separate ground of denial.

What this case teaches

Analyst reading of the decision text.

Decisive factor

She could not show the endeavor was distinct from her employer's work, so impact read as stopping at the employer and its clients; and STEM or national-goal alignment does not by itself establish national importance.

Transferable lesson

An endeavor you cannot distinguish from your employer's work reads as employer benefit; alignment with STEM national goals is not, by itself, national importance.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech

Evidence targeting

person_focused

Cases in adjacent profiles