NIW Bearings
dismissedJUN172025_01B52032025-06-17 · 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 security engineer, proposed to continue work refining and advancing cybersecurity vulnerability scanning technologies, including AI/machine-learning-based vulnerability detection and supply chain security, to strengthen cybersecurity defenses.

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

EB-2 threshold — addressed

SCOPS and AAO agreed Petitioner qualified as an advanced degree professional based on his master's degree from Rice University.

Prong 1 — national importancenot established · dispositive

the Petitioner has not offered a specific proposed endeavor for his intended research work as required under Dhanasar
The proposed endeavor, as described, and the evidence in the record do not support the Petitioner's assertions that the potential impact of his endeavor extends beyond his employer
his overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular
the Petitioner has not demonstrated that his specific undertaking of working as a security engineer for a U.S. company and conducting research developing and refining cybersecurity vulnerability scanning technologies stands to have an impact beyond his potential employer and clients

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the letters do not identify or address his specific proposed endeavor
    AAO decision text
  • resume experience · discounted
    mostly explains his previous research, makes broad claims that he would conduct research
    AAO decision text
  • media · discounted
    their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular
    AAO decision text
  • citations publications · discounted
  • motion resubmission · discounted
    the revised endeavor cannot retroactively establish eligibility
    AAO decision text
All 6 evidence items
  • degree · credited

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
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

AAO emphasized that Petitioner's request for evidence reply and appeal presented materially new projects/employer (post-filing) rather than clarifying the initial endeavor, invoking 8 C.F.R. 103.2(b)(1)'s eligibility-at-filing rule and suggesting a new petition would be required for such changes.

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. 103.3
  • Buletini v. INS
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of E-M-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles