NIW Bearings
dismissedMAR212024_02B52032024-03-21 · appeal · Nebraska 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 create an online platform and 'Tech Community' of training and development centers to teach software technology skills to young immigrants, particularly Hispanic and Latino youth, to help them access certification and jobs in tech.

Field: software technology / technology training · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found, and AAO did not disturb, that Petitioner qualifies as a member of the professions holding an advanced degree based on a U.S. equivalent master's degree in software engineering.

Prong 1 — national importancenot established · dispositive

merely working in an important field is insufficient to establish the national importance of the proposed endeavor
the Petitioner's evidence regarding national importance consisted of generalized articles and government reports that do not specifically address his endeavor
these letters of interest do not corroborate the specific nature or numerosity of projects to support the Petitioner's claims that his endeavor will have a broad impact
the Petitioner has not offered a sufficiently direct connection between his proposed endeavor activities and any demonstratable societal welfare or substantial economic activities
the record does not provide detailed plans for operating his program, i.e., a business plan, or its specific impact, aside from generalized claims and statements

AAO decision text

How the evidence was treated

  • other · discounted
    generalized articles and government reports that do not specifically address his endeavor
    AAO decision text
  • recommendation letter · discounted
    did not address the endeavor's specific impact or special methodologies attributable to the Petitioner
    AAO decision text
  • business plan · discounted
    the record does not provide detailed plans for operating his program, i.e., a business plan
    AAO decision text

Where this case turned

  • 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
  • Local, not national scope · p1impact confined to clients / a region
2,501coded 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

Petitioner argued the Director's decision constituted an 'abuse of discretion' by failing to individually address each piece of evidence, citing Buletini v. INS; the AAO rejected this framing, clarifying that reasoned consideration does not require addressing every claim or evidentiary item, citing Xiao Ji Chen and Morales v. INS.

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
  • Buletini v. INS
  • Flores v. Garland
  • INA 203(b)(2)
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles