NIW Bearings
dismissedMAY152025_04B52032025-05-15 · 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 computer and information research scientist, proposed to continue automotive technology research for his employer focused on cabin intelligence and driver-monitoring systems, including facial detection and behavioral analysis, to enhance vehicular safety.

Field: computer vision / automotive technology research (driver monitoring systems) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed Petitioner qualifies as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the record does not establish that the proposed endeavor's benefits "will extend beyond his current employer or its clientele or employees to impact the STEM or the artificial intelligence and the automotive fields more broadly."
the relevant question is not the importance of the industry, field, or profession in which an individual will work
the record establishes that the Petitioner's proposed endeavor of developing facial detection technology for drivers of automobiles manufactured by ... may benefit his employer, its business partners, and the individuals who purchase and operate vehicles
the Petitioner does not assert, and the record does not support the conclusion, that the proposed endeavor may have significant potential to employ U.S. workers or other substantial positive economic effects

AAO decision text

How the evidence was treated

  • citations publications · discounted
    do not discuss the Petitioner or the specific endeavor he proposes to undertake
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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

SCOPS had found the endeavor met substantial merit (part of prong 1) and prong 2, and found the record insufficient only as to national importance and prong 3; AAO nonetheless resolved the appeal solely on national importance as dispositive, expressly reserving opinion on the remaining sub-issues and prongs 2-3 under Bagamasbad/L-A-C-. AAO also criticized Petitioner's appellate brief for 'selectively mischaracterizing' the USCIS Policy Manual regarding STEM endeavors.

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.

  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles