NIW Bearings
dismissedMAY122026_03B52032026-03-12 · 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, an applied scientist and machine learning engineer, proposed to use AI to develop computer vision and predictive maintenance systems intended to enhance the security, resilience, and efficiency of U.S. critical infrastructure in the energy, advanced manufacturing, and public/environmental safety sectors.

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

Prong 1 — national importancenot established · dispositive

his mission as described is not focused on a specific venture
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
he has not clarified whether his endeavor would be tied to specific employment
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

How the evidence was treated

  • recommendation letter · discounted
    benefits to a specific employer, alone-even an employer with a national footprint-are not sufficiently relevant
    AAO decision text
  • other · discounted
    his general intentions, however, are not corroborated by evidence demonstrating that he can plausibly pursue an endeavor of the broad scope he described
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • 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
1,312coded 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

SCOPS did not address whether petitioner qualified as an advanced degree professional (only exceptional ability), so AAO expressly reserved the threshold EB-2 issue. The petitioner promised a 'comprehensive legal brief' within thirty days on appeal, which the AAO noted was never received.

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
  • Flores v. Garland

What this case teaches

Analyst reading of the decision text.

Decisive factor

The endeavor swept across critical-infrastructure sectors without a focused venture or a plausible plan; letters showed value to specific employers, not broader implications, so prong-1 national importance failed.

Transferable lesson

An endeavor can be too broad as well as too narrow: define a focused venture and corroborate the logistics (who, where, with whom) that make its claimed national scope plausible.

Endeavor framing

vague

National-importance theory

critical_emerging_tech · national_security · economic_growth_generic

Evidence targeting

person_focused

Cases in adjacent profiles