NIW Bearings
dismissedMAR142025_05B52032025-03-14 · 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 development engineer with a master's degree in computer science, proposed to strengthen communication system security by building privacy-preserving data systems integrating AI/ML models and conducting research on secure data systems and real-time analytics.

Field: computer science / cybersecurity, AI/ML data systems · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director determined and AAO agreed Petitioner qualifies for EB-2 classification as an advanced degree professional based on her master's degree.

Prong 1 — national importancenot established · dispositive

The Petitioner does not demonstrate how her work would extend beyond her employer and its clients to impact her field more broadly in a manner commensurate with national importance.
The Petitioner's citation record indicates her work has been acknowledged by other researchers, but does not indicate that such recognition is at a level commensurate with national importance.
M-Z- does not, however, discuss how the Petitioner's work would extend beyond her employer and its clients to imp[act her] field more broadly.
S-V-K- does not explain how the Petitioner's work would extend beyond her employer and its clients to impact U.S. national security and economic competitiveness.
The articles and reports attest to the importance of data privacy and cybersecurity, but do not discuss the Petitioner's proposed endeavor.
Our assessment of national importance does not focus on the importance of a field in general, but instead "focuses on the specific endeavor that the foreign national proposes to undertake."

AAO decision text

How the evidence was treated

  • citations publications · discounted
    does not indicate that such recognition is at a level commensurate with national importance
    AAO decision text
  • recommendation letter · discounted
    does not discuss her specific proposed endeavor
    AAO decision text
  • other · discounted
    attest to the importance of data privacy and cybersecurity, but do not discuss the Petitioner's proposed endeavor
    AAO decision text

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • 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
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Local, not national scope · p1impact confined to clients / a region
249coded 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 cites Flores v. Garland (5th Cir. 2023) as recent circuit authority confirming NIW grants are discretionary, joining several other circuits. Decision reserves prongs 2 and 3 entirely, resting solely on prong 1 failure regarding scope beyond employer/clients.

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)
  • Matter of L-A-C-

Cases in adjacent profiles