NIW Bearings
dismissedJAN232025_01B52032025-01-23 · combined · 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, employed in IT/cybersecurity for a paper-packaging manufacturer, sought EB-2 NIW classification claiming his work positioned him to advance the broader field of cybersecurity.

Field: electronic engineering / cybersecurity · Read the decision (uscis.gov)

Prong 2 — well positionednot established

“The Petitioner has not established that working for a paper manufacturing company on their internal IT infrastructure makes him well positioned to advance the overall field of cybersecurity.”

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

“Because the Petitioner has not addressed the Director's determination that he does not qualify for a national interest waiver under the third prong, in particular the impracticality of the labor certification process, we deem the issue waived and will additionally dismiss the motion to reconsider based on this dispositive issue.”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “The Petitioner has not established that working for a paper manufacturing company on their internal IT infrastructure makes him well positioned to advance the overall field of cybersecurity.”
    AAO decision text
  • motion resubmission · discounted
    “Merely reasserting eligibility is not sufficient to meet the requirements of an appeal”
    AAO decision text

Where this case turned

  • Employer-specific benefit · p2 — "work furthers my company's product" — value accrues to one firm
  • Letters not independent · p2 — letters come from employers and close collaborators, not independent experts
  • Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
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Notable

AAO dismissed the combined motions largely on procedural grounds: the prior summary dismissal of the appeal was upheld because the Petitioner's motion merely restated prior arguments, and the third Dhanasar prong was deemed waived because the Petitioner never contested the Director's finding on labor-certification impracticality, making that waiver itself the dispositive basis for denial even though the AAO also noted the second-prong evidence was insufficient.

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. 103.2(b)(1)
  • 8 C.F.R. 103.5(a)(1)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-R-E-
  • Matter of R-A-M-

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