NIW Bearings
dismissedAPR232025_09B52032025-04-23 · 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, a network security architect employed by an IT services company, proposed to develop network architecture solutions addressing cyber threats such as DDoS attacks and ransomware, including a pending patent-related design.

Field: network security / cybersecurity architecture · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

being employed at an information technology services company as a network security architect, whose work involves the development of network architecture solutions addressing cyber threats, is insufficient to establish the national importance
the Petitioner has not established that his endeavor alone, implemented for
the Petitioner's availability as a cybersecurity expert and a shortage of cyber security experts in the United States does not render the proposed endeavor nationally important
the Petitioner has not demonstrated any specific economic impact attributable to his particular role as a network security architect
the evidence does not show that his proposed work stands to offer economic benefits beyond his employer and their clientele

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Petitioner's experience and abilities in his field relate to the second prong of the Dhanasar framework
    AAO decision text
  • patents · discounted
  • other · discounted
    does not render the proposed endeavor nationally important under the Dhanasar framework
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO explicitly separates industry-shortage/economic-impact arguments as insufficient without endeavor-specific evidence, and treats employer's high-profile clientele as irrelevant absent showing the petitioner's own tasks have national-level impact; declined to reach prongs 2 and 3.

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
  • INA 203(b)(2)
  • Matter of L-A-C-

Cases in adjacent profiles