NIW Bearings
dismissedNOV122025_04B52032025-11-12 · 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 proposed to found and operate a bilingual online platform delivering math lessons and instruction to underserved and rural U.S. students, aiming to improve STEM education access and workforce development.

Field: STEM/math 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 providing his online platform”
“the record does not show through supporting documentation how his particular endeavor sufficiently extends beyond his prospective students or the limited individuals who may elect to use his services”
“the letter does not explain or argue how the Petitioner's online platform would have broader implications for our country”
“the Petitioner did not establish the significance of this data to show how the benefits to the regional or national economy would reach the level of 'substantial positive economic effects'”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “did not establish the significance of this data to show how the benefits to the regional or national economy would reach the level of 'substantial positive economic effects'”
    AAO decision text
  • recommendation letter · discounted
    “the letter does not explain or argue how the Petitioner's online platform would have broader implications for our country”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

AAO relied on USCIS Policy Manual D.2 to distinguish STEM classroom teaching activities (insufficient for national importance) from STEM technology/research endeavors, applying this framework to find the petitioner's online tutoring platform analogous to teaching rather than broader field advancement.

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

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