NIW Bearings
dismissedMAR122026_02B52032026-03-12 · 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, a machine learning engineer, proposed to develop AI-driven computer vision and predictive maintenance systems to enhance the security, resilience, and efficiency of U.S. critical infrastructure across sectors including energy, advanced manufacturing, waste management, and transportation.

Field: applied science and machine learning / artificial intelligence engineering · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

his mission as described is not focused on a specific venture.
his general intentions, however, are not corroborated by evidence demonstrating that he can plausibly pursue an endeavor of the broad scope he described.
benefits to a specific employer, alone-even an employer with a national footprint-are not sufficiently relevant to the question of whether an individual's endeavor has national importance.
it is not the proverbial value of the field in which an individual intends to work, but the particular endeavor an individual intends to pursue that we consider in assessing its national importance.
he has not clarified whether his endeavor would be tied to specific employment, nor has he indicated whether or how it might involve collaboration with other engineers, scientists, or entities.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the record does not contain evidence to illustrate how his work for any particular employer or client will enable him to create a 'transformative and lasting impact on national infrastructure and competitiveness.'
    AAO decision text
  • other · discounted
    This documentation discusses a number of possibilities in the AI/ML field, including its implications for the modernization of energy infrastructure.
    AAO decision text
  • resume experience · discounted
    while the record demonstrates the Petitioner's value to his past and present employers, it does not clarify how the Petitioner's proposed endeavor to continue his work in the AI/ML field will have a level of impact on a scale commensurate with national importance.
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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 expressly reserved both the EB-2 threshold question and prongs 2 and 3, dismissing solely on prong 1 national importance. The decision also notes that the Petitioner's brief promised a 'comprehensive legal brief' within thirty days that was never received, suggesting incomplete appellate presentation. The AAO drew a nuanced distinction between logistical feasibility (normally a prong 2 concern) and national importance under prong 1, holding that an inability to articulate how the endeavor would be carried out also undermines its prospective national impact assessment.

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