NIW Bearings
dismissedMAR262024_03B52032024-03-26 · appeal · Texas 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 educational and technology platform, incorporating a Learning Management System, to enhance STEM curriculum and connect stakeholders in schools across Massachusetts.

Field: STEM education technology · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner must demonstrate the national importance of his specific, proposed endeavor of creating his educational and technology platform rather than the importance of STEM fields, education, occupations, and related topics.
the Petitioner did not demonstrate how his platform largely influences the field and rises to the level of national importance.
The record does not show through supporting documentation how his particular endeavor sufficiently extends beyond his prospective students or clients in the Massachusetts area, to impact the field or the U.S. economy more broadly
Without evidence regarding any projected U.S. economic impact or job creation attributable to his particular future work, the record does not show any benefits to the U.S. regional or national economy

AAO decision text

How the evidence was treated

  • business plan · discounted
    we will not consider the Petitioner's materially changed proposed endeavor of opening, owning, and operating his own educational entity
    AAO decision text
  • other · discounted
    the Petitioner argues and references to documentation relating to the general opportunities for the STEM workforce and marketplace
    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
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Notable

AAO refused to consider a materially changed endeavor (owning/operating an educational entity) introduced on appeal, applying the rule against post-filing changed facts from Matter of Izummi/Bardouille; the decision explicitly states each stated reason is an independent and alternate basis for dismissal.

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of Bardouille
  • Matter of Izummi
  • Matter of L-A-C-

Cases in adjacent profiles