NIW Bearings
dismissedMAY042026_01B52032026-05-04 · motion_reconsider

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 sought to develop and operate a Computer Science Coding Academy in Texas using an AI-based, open-source learning platform to train teens, women, and Hispanic populations in coding skills.

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

Prong 1 — national importancenot established · dispositive

“the record does not adequately demonstrate that his academy would operate on such a large scale to show "significant potential to employ U.S. workers" or "substantial positive economic effects" rising to the level of national importance”
“we find that the Petitioner has not established his proposed endeavor in this case will sufficiently extend beyond his academy and its students to affect the regional or national economy more broadly”
“Generalized conclusory statements that do not identify a specific impact in the field have little probative value.”
“the record largely consists of recommendation letters that praise the Petitioner's skills and success in his employment, articles that generally address the importance of STEM education and technology”
“the provided basis for the business plan relies on the Petitioner's educational background, his record of success as an entrepreneur... which shifts the focus from the proposed endeavor to the individual”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “the record does not sufficiently elaborate on the nature or numerosity of staff and students and the business plan's projected numbers and activities”
    AAO decision text
  • recommendation letter · discounted
    “Generalized conclusory statements that do not identify a specific impact in the field have little probative value.”
    AAO decision text
  • media · discounted
    “articles that generally address the importance of STEM education and technology, and press releases on the government's overall priorities”
    AAO decision text
  • resume experience · discounted
    “the Petitioner has not provided independent and objective evidence that corroborates his own business plan and basis statement”
    AAO decision text
  • motion resubmission · ignored
    “we need not discuss the Petitioner's contentions that reargue facts and issues that we have already considered in our previous decision”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • 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
  • Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

Petitioner argued on motion that USCIS Policy Alert PA-2025-03 establishes that national importance need not be tied to quantifiable economic impact; AAO rejected this as unpersuasive, finding it had already properly weighed non-economic factors. AAO also invoked Matter of O-S-G- to decline addressing arguments that merely repeated the prior appeal brief, and expressly declined to reach prongs two and three under INS v. Bagamasbad's 'purely advisory findings' rule.

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. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Flores v. Garland
  • Matter of E-M-
  • Matter of O-S-G-

What this case teaches

Analyst reading of the decision text.

Decisive factor

On reconsideration, his business plan rested on his own success record (prong-2 material), the academy's small projected scale stayed bounded to its students, and no expert or government evidence corroborated the claimed unique AI methodology.

Transferable lesson

Your record of success belongs to prong 2, not national importance; corroborate a claimed unique methodology with expert or government letters, since a small academy's impact stays with its students.

Endeavor framing

moderate

National-importance theory

field_advancement · geographic_or_shortage_area · government_interest

Evidence targeting

person_focused

Cases in adjacent profiles

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