NIW Bearings
remandedJAN052026_02B52032026-01-05 · 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 proposed to develop and refine object detection and tracking algorithms using machine learning and deep learning techniques to enhance vehicle safety and advance intelligent transportation systems, with a focus on advanced driver-assistance systems and autonomous driving technologies.

Field: artificial intelligence / algorithm development (vehicle safety, intelligent transportation systems) · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found the Petitioner eligible for EB-2 classification; AAO did not disturb this finding.

Prong 1 — national importanceestablished

“SCOPS found the Petitioner eligible for EB-2 classification and that his proposed U.S. work has 'substantial merit' and 'national importance.'”
“SCOPS should consider whether his endeavor has materially changed and whether any change would affect its prior analysis under Dhanasar's first prong.”

AAO decision text

Prong 2 — well positionedestablished

“we decline to review SCOPS' finding of insufficient evidence that the Petitioner is well positioned to advance his endeavor.”
“Circumstances affecting relevant prong-two factors - such as the interest of potential customers, users, investors, or others - may have changed since he stopped working for his former employer.”
“because he no longer works for his claimed employer, the record does not explain how he would pursue his proposed endeavor.”

AAO decision text

How the evidence was treated

  • degree · credited
  • citations publications · credited
  • resume experience · discounted
    “USCIS records, however, indicate that the Petitioner no longer works for his employer.”
    AAO decision text
  • other · discounted
    “his endeavor essentially involves his continued performance of his job duties.”
    AAO decision text

Where this case turned

  • Business plan speculative · p2 — projections without a documented basis or steps
  • No progress evidence · p2 — no documented movement toward the endeavor since filing
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Notable

The AAO remanded rather than affirming or reversing because USCIS records revealed that the petitioner's employer had withdrawn its nonimmigrant work visa petition approximately one month before the denial, indicating the petitioner was no longer employed there — yet the appeal continued to assert current employment. The AAO flagged a potential material misrepresentation issue (citing section 212(a)(6)(C)(i)) but explicitly declined to make an admissibility finding, noting that would require separate proceedings. The AAO also noted the tension between the petitioner's claim that his endeavor was 'distinct' from his employment while simultaneously stating his employment was his 'chief opportunity' to pursue it, effectively treating the endeavor as employer-specific job duties.

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner's undisclosed cessation of employment with the company through which he claimed to pursue his endeavor created unresolved factual uncertainty preventing analysis of prong two (well positioned) and whether the endeavor materially changed.

Transferable lesson

Promptly disclose and explain any change in employment or venture status supporting the proposed endeavor; failure to do so risks remand for factual clarification rather than a merits decision.

Endeavor framing

specific

National-importance theory

critical_emerging_tech · stem_positive_factor · field_advancement

Evidence targeting

mixed

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