NIW Bearings
dismissedAPR222026_02B52032026-04-22 · appeal · SCOPS 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 proposes to own and operate three related companies developing AI-driven software solutions for the construction sector, including a flagship 'text-to-building' model that converts natural language input into detailed building designs, intended to be licensed as platform infrastructure to engineering and construction firms.

Field: civil engineering / AI-driven construction technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and AAO agreed the Petitioner qualifies as an advanced degree professional based on a master's degree in civil engineering.

Prong 1 — national importancenot established · dispositive

“the record must establish that the potential impact of the endeavor extends beyond those clients and the company to impact the field more broadly.”
“The record does not establish, for example, widespread interest in adoption or licensing of the technology or that the technology stands to impact the development of similar technology by other companies.”
“the record does not contain much of the specific evidence that we understand may be unique to and relevant in entrepreneurial national interest waiver petitions.”
“the record lacks sufficient evidence of widespread interest, novelty, or other evidence that would demonstrate a potential prospective impact outside of his company, clients, or partners.”
“These documents do not discuss the Petitioner's specific proposed endeavor, and therefore do not help establish that it is of such a scale that it has the potential for a broad impact on that industry.”

AAO decision text

How the evidence was treated

  • other · discounted
    “the Petitioner did not provide evidence of the company's commitment or intent to proceed with licensing the Petitioner's product.”
    AAO decision text
  • contract revenue · discounted
    “the record does not contain documentary evidence to support these claims.”
    AAO decision text
  • other · discounted
    “evidence related to the size of an industry and its growth can be helpful...Primarily, however, this speaks to the substantial merit of the proposed endeavor...it is not, by itself, sufficient.”
    AAO decision text
  • other · discounted
    “The Petitioner did not submit evidence, such as letters from interested government agencies, discussing the Petitioner's specific proposed endeavor.”
    AAO decision text
  • recommendation letter · discounted
    “the Petitioner's assertions about the potential of his product to transform the construction or civil engineering industry are not sufficiently supported by documentary evidence.”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • 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

SCOPS had already found prong 1 (national importance) not met but credited substantial merit (prong 1 partial) and well-positioned (prong 2); AAO affirmed only on national importance and expressly reserved prongs 2 and 3. The AAO corrected the Petitioner's misreading of Dhanasar's 'more likely than not' language, clarifying it applies to prong 2, not prong 1. The decision provides detailed guidance on entrepreneurial NIW evidence (awards, outside investment, published coverage) and distinguishes market-size statistics from endeavor-specific national importance evidence.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show the AI platform's prospective impact would extend beyond his own companies/clients to the broader industry at a nationally significant scale.

Transferable lesson

For entrepreneurial NIW endeavors, submit independent evidence—licensing commitments, investor agreements, government/industry validation—showing scale beyond your own clients, not just market-size statistics or self-description.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · economic_growth_generic · us_competitiveness · field_advancement

Evidence targeting

person_focused

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