NIW Bearings
dismissedMAR262026_02B52032026-03-26 · appeal

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 hybrid AI frameworks combining learning-based and rule-based approaches to improve the safety, verification, and cyber-resilience of autonomous driving and robotics systems.

Field: machine learning / autonomous systems engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the petitioner qualified as an advanced-degree professional based on his master's degree in computer science.

Prong 1 — national importancenot established · dispositive

“In determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work.”
“However, they do not address the Petitioner's specific proposed endeavor and his planned research projects and their impact rising to the level of national importance.”
“the letter does not offer sufficient information and evidence to establish that the Petitioner's proposed research projects ... will have an impact on the automated vehicles industry or the industrial robots industry in the United States at a level commensurate with national importance.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the submission of expert opinion letters is not presumptive evidence of eligibility”
    AAO decision text
  • citations publications · discounted
    “without sufficient documentary evidence of its broader impact, the record does not sufficiently show that the Petitioner's proposed endeavor meets the national importance element”
    AAO decision text
  • funding · discounted
    “relate to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national”
    AAO decision text
  • other · discounted
    “they do not address the Petitioner's specific proposed endeavor and his planned research projects and their impact rising to the level of national importance”
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

AAO relied on a footnote citing Flores v. Garland and several circuit courts to reaffirm that NIW adjudication is discretionary in nature; the decision explicitly reserved prongs two and three under the Bagamasbad doctrine of unnecessary findings.

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
  • 8 C.F.R. 103.5
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles