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 Beneficiary proposed to work for the Petitioner as a senior site reliability engineer, using cloud computing, computing architecture, and data analysis to design and maintain secure, reliable cloud-based infrastructure for the Petitioner's gaming and streaming services.
Field: cloud computing / site reliability engineering (gaming and streaming industry) · Read the decision (uscis.gov)
EB-2 threshold — addressed
AAO agreed with Director that the Beneficiary qualifies as an advanced degree professional; this was not contested.
Prong 1 — national importancenot established · dispositive
“the record does not establish that the Beneficiary's duties as a senior site reliability engineer would impact the digital entertainment industry more broadly, beyond the Petitioner's customers”
“this letter focuses on the Petitioner's prominence in the gaming industry, and the general interest the U.S. has in artificial intelligence and cybersecurity”
“the Petitioner's claim that the proposed endeavor has national importance due to the shortage of professionals in the industry is not persuasive”
“the Petitioner did not sufficiently explain or demonstrate how the Beneficiary's employment alone would have any projected economic impact or create jobs”
“merely working in an important field or for a prominent employer does not necessarily establish the national importance of the proposed endeavor”
“the letter's assertions regarding the national importance of the proposed endeavor relate back to the Petitioner's prominence within the gaming industry”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letters do not sufficiently detail how the Beneficiary's work for the Petitioner would have a broader impact on the Petitioner's revenue and the industries cited”
AAO decision text - media · discounted
“the information did not address the Beneficiary's contributions to the field or industry in which he will work at a level commensurate with national importance”
AAO decision text - other · discounted
“the Petitioner did not sufficiently explain how the proposed endeavor would extend beyond the gaming field or lead to the substantial hiring of other STEM or CET professionals”
AAO decision text
Where this case turned
- Economic claims unsupported · p1 — job/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 · p1 — argues the field matters, not the specific endeavor
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
- Local, not national scope · p1 — impact confined to clients / a region
- Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
Notable
The AAO noted the Director erroneously identified the Petitioner as a future employer instead of current and misstated the field of endeavor, but deemed these harmless errors under Matter of O-R-E-. The decision also applies USCIS's STEM/CET guidance (6 USCIS Policy Manual F.5(D)) to find that generalized industry importance does not establish the specific endeavor's national importance.
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
- Matter of O-R-E-
- USCIS Policy Manual F.5(D)(1)
What this case teaches
Analyst reading of the decision text.
The AAO applied Dhanasar's own STEM-teacher analogy: one site reliability engineer's impact stops at the employer's customers; expert letters praised the company, not his endeavor, and the STEM-shortage theory belonged to the labor-certification process.
In an employer petition, letters that celebrate the company's market position argue against the waiver; the record must trace how one person's duties reach beyond the employer's own customers.
moderate
critical_emerging_tech · us_competitiveness · economic_growth_generic · geographic_or_shortage_area
person_focused
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