NIW Bearings
dismissedSEP202024_07B52032024-09-20 · appeal · Texas Service Center

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.

A doctoral student in AI proposed to develop a semantic communication network with AI functions to improve content delivery, user experience, and security, with claimed applications to cybersecurity and autonomous vehicle traffic management, before pursuing future employment at a social media platform or similar employer.

Field: artificial intelligence / semantic communication networks · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the field, industry, or profession in which the individual will work
the record does not contain sufficient evidence describing the Petitioner's endeavor and its future potential impact
The Petitioner asserts that U.S. government agencies fund his work, but he has not supported this claim with documentary evidence.
Although the Petitioner contends that he will seek employment after he finishes his doctorate, he did not establish what this employment would be and how it would be nationally important.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    they do not describe the endeavor itself, the Petitioner's future plans, or how they would rise to the level of national importance
    AAO decision text
  • funding · discounted
    he has not supported this claim with documentary evidence
    AAO decision text
  • resume experience · ignored
  • citations publications · ignored

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
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

Petitioner made procedural arguments (that denial lacked required 'discretionary analysis' and was arbitrary, and that Dhanasar does not require prospective impact or economic effects) which the AAO rejected point-by-point; Director had found merit and prong 2 satisfied but AAO reversed only on national importance, declining to reach prongs 2 and 3.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-
  • Poursina v. USCIS
  • USCIS Policy Manual F.5(D)(1)

Cases in adjacent profiles