NIW Bearings
dismissedJAN222026_01B52032026-01-22 · 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 proposed to establish a computer science coding academy in Texas offering training in computer programming, machine learning, AI, and cybersecurity, with a focus on teens, women, and Hispanic populations through an after-school or after-work curriculum.

Field: STEM education (computer science coding academy) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO both agreed the Petitioner qualified as an advanced degree professional based on his foreign MBA and academic transcripts.

Prong 1 — national importancenot established · dispositive

merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.
the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized
the national shortage of STEM professionals is not, in and of itself, sufficient to establish the national importance of the Petitioner's endeavor.
he submits little explanation or evidentiary support as to how his proposed endeavor would impact the Hispanic community and women on a broader level.
one letter asserts that the Petitioner's endeavor 'will contribute to filling the STEM employment gap' but the author does not provide objective support for her conclusions.

AAO decision text

How the evidence was treated

  • other · discounted
    merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.
    AAO decision text
  • business plan · discounted
    not supported by details showing their basis or an explanation of how those projections will be realized
    AAO decision text
  • recommendation letter · discounted
    they do not offer persuasive detail concerning the impact of his proposed endeavor or establish how such an impact would extend beyond his students.
    AAO decision text
  • other · discounted
    the national shortage of STEM professionals is not, in and of itself, sufficient to establish the national importance of the Petitioner's endeavor.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

SCOPS conceded substantial merit under prong 1 but denied on national importance; AAO affirmed that finding and reserved prongs 2 and 3. The decision explicitly addresses and rejects the occupational shortage argument by noting that labor certification already addresses U.S. worker shortages. A footnote clarifies that the 'furtherance of human knowledge' language from Dhanasar goes to substantial merit (already conceded), not national importance.

Cases in adjacent profiles