NIW Bearings
dismissedSEP262024_05B52032024-09-26 · 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.

The Petitioner sought to create a start-up offering free higher education classes using artificial intelligence classroom technology.

Field: artificial intelligence education technology · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner failed to establish possession of an advanced degree (uncorroborated foreign degree letter, unpersuasive academic evaluation) and failed to establish membership in a profession, as 'entrepreneur' is not a recognized profession and his specific role in the endeavor was unclear.

How the evidence was treated

  • degree · discounted
    it is not corroborated by other official documents such as diploma or transcript
    AAO decision text
  • degree · discounted
    we do not find the academic evaluation to be persuasive
    AAO decision text

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Notable

AAO dismissed at the threshold EB-2 stage (advanced degree/profession) without reaching any Dhanasar prong analysis, explicitly declining to address NIW eligibility as it would serve 'no meaningful purpose' under Bagamasbad and Matter of L-A-C-. Case turned on failure to corroborate foreign degree and unclear professional role of an 'entrepreneur.'

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles