NIW Bearings
dismissedJAN232025_04B52032025-01-23 · appeal · Nebraska 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 Software and System-on-Chip Architect, proposed to continue developing hardware/software architecture for autonomous vehicles and driver-assistance systems, including chip design, sensor integration, and automotive cybersecurity protocols, largely in connection with his employer's projects.

Field: autonomous vehicle systems / semiconductor architecture · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

Benefits rendered to a specific employer and its business partners alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether a person's particular endeavor has national importance.
The determination of national importance does not focus on the importance of one's field or industry in general, but "focuses on the specific endeavor that the foreign national proposes to undertake."
It is insufficient to claim an endeavor has national importance or would create a broad impact without providing evidence to substantiate such claims.
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work, the record does not show that benefits to the regional or national economy resulting from the Petitioner's projects would reach the level of "substantial positive economic effects" contemplated by Dhanasar.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not contain sufficient information and explanation... to show that the Petitioner's specific proposed work offers broader implications in his field or industry
    AAO decision text
  • media · discounted
    none of the articles mention the Petitioner or his planned projects, or otherwise speak to the potential prospective impact of his specific proposed endeavor
    AAO decision text
  • degree · ignored
    a factor considered under Dhanasar's second prong
    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
2,501coded 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

Petitioner argued the Director disregarded the 2022 USCIS STEM policy update; AAO agreed the endeavor had substantial merit in STEM but held that policy guidance does not relax the need to show national importance under Dhanasar's first prong. AAO explicitly stated its dismissal rested on independent and alternate grounds, though only prong 1 was substantively analyzed, with prongs 2 and 3 reserved.

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.

  • Flores v. Garland
  • INA 203(b)(2)
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles