NIW Bearings
dismissedJUL182023_03B52032023-07-18 · 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 proposed to work as an IT Specialist/Solution Architect (a synonym he used for computer software developer), contributing to the software development sector without specifying particular projects or employer commitments.

Field: computer software development / IT solution architecture · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualifies as an advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

he did not specify the type of solution he proposes to architect or for whom
the [Petitioner's] statements regarding his proposed endeavor are "vague with respect to his actual employment plans in the United States.
he did not elaborate on what the proposed endeavor would contribute, how it would do so, the consequences of the contribution
the relevant question is not the importance of the industry, field, or profession in which an individual will work
Without more information regarding what software the Petitioner would develop and for whom he would develop it, the record does not establish that the proposed endeavor will have "national or even global implications

AAO decision text

How the evidence was treated

  • other · discounted
    are generic in nature and do not reference the [Petitioner], his prospective employer, or the proposed endeavor
    AAO decision text
  • degree · discounted
    the Petitioner's reliance on his academic history as applied to the first Dhanasar prong is misplaced
    AAO decision text
  • other · ignored
    the Petitioner did not state prior to the decision or on appeal that his proposed endeavor would entail working for that employer
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
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

AAO expressly declined to reach prongs 2 and 3, and even declined to opine on substantial merit (only national importance) within prong 1, citing Bagamasbad and Matter of L-A-C- for the proposition that agencies need not resolve unnecessary issues. The decision also clarifies that STEM/CET designation and academic credentials are immaterial to the national importance analysis under prong 1, being instead relevant to prong 2.

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
  • Matter of L-A-C-

Cases in adjacent profiles