NIW Bearings
dismissedAPR032024_02B52032024-04-03 · 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, a computer user support specialist, proposed to advance his career as an IT specialist providing services to small and large businesses in the private and public sectors in the United States.

Field: information technology / computer user support · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner's RFE response focused on generalized information regarding information technology and business, without elaborating on the specific endeavor he proposes to undertake
the relevant question is not the importance of the industry, field, or profession in which an individual will work
the Petitioner's discussion of a labor shortage in information technology positions does not establish whether the proposed endeavor may have national importance
The proposed endeavor-as described in the record-appears to benefit the Petitioner, whose career will be advanced, any current or potential employer(s)
filling one vacant position at a time, at one unspecified, small or large business in the public or private sector, in some unspecified location

AAO decision text

How the evidence was treated

  • other · discounted
    do not discuss the Petitioner, the specific endeavor he proposes to undertake
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • 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
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
746coded 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

The Director had denied on exceptional-ability grounds without addressing advanced-degree eligibility, and had oddly proceeded to analyze the NIW prongs despite finding threshold ineligibility; AAO declined to resolve this inconsistency, reserving the threshold EB-2 question entirely and deciding solely on prong 1's national importance failure. AAO also rejected the Petitioner's argument that STEM-field advanced degree status bears on national importance analysis.

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

Cases in adjacent profiles