NIW Bearings
dismissedSEP222025_02B52032025-09-22 · 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 sought to found and lead a consulting firm providing AI-driven sustainable computing solutions, including predictive maintenance frameworks, eco-friendly IT architectures, and sector-specific innovations for industries like autonomous vehicles, healthcare, and semiconductors.

Field: advanced/sustainable computing consulting · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner qualifies as a member of the professions holding an advanced degree; not disputed.

Prong 1 — national importancenot established · dispositive

the determination of national importance does not focus on the importance of these fields in general, but rather "focuses on the specific endeavor that that the foreign national proposes to undertake."
the authors do not detail exactly how the Petitioner's specific endeavor would meet this potential or even foster research and innovation, to the level of national importance.
the Petitioner's business plan does not elaborate on its employment and financial projections; they are not supported by details showing their basis or an explanation as to how they will be achieved.
the Petitioner does not detail how her consultancy work, even upon expansion into five cities, would have a broader impact on the field, rising to the level of national importance.
the Petitioner has not established that her proposed endeavor has significant potential to employ U.S. workers, particularly in an economically depressed area

AAO decision text

How the evidence was treated

  • business plan · discounted
    the Petitioner's business plan does not elaborate on its employment and financial projections; they are not supported by details
    AAO decision text
  • recommendation letter · discounted
    the authors do not detail exactly how the Petitioner's specific endeavor would meet this potential
    AAO decision text
  • other · discounted

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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

AAO relied on government fact sheets, an executive order on cybersecurity, and a list of critical/emerging technologies submitted by Petitioner, but found these established field importance rather than importance of the specific endeavor. AAO also noted Petitioner's argument that letters referenced 'proven record of providing consultancy services' was more appropriately a prong-two consideration, but did not analyze prong two given the dispositive prong-one finding.

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. 103.5
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles