NIW Bearings
dismissedMAR222024_01B52032024-03-22 · 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, a computer systems engineer/architect, proposed to establish robust cybersecurity protocols to enforce national policies and to create training programs to raise cybercrime awareness among small and large enterprises.

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

EB-2 threshold — addressed

Petitioner qualified as an advanced degree professional; this was not contested.

Prong 1 — national importancenot established · dispositive

the evidence does not establish that the proposed endeavor has national importance
the Petitioner contends that he will create many jobs to meet the growing demand for cybersecurity professionals
the Petitioner's brief consists of conclusory statements that do not discuss the Director's specific reasoning

AAO decision text

How the evidence was treated

  • motion resubmission · discounted
    the Petitioner offers the same or similar arguments he presented to the Director and were found unpersuasive
    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
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Notable

AAO adopts and affirms the Director's decision under Matter of Burbano because the Petitioner's appeal brief merely reiterated prior arguments and resubmitted the same evidence without addressing the Director's specific reasoning.

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
  • Chen v. INS
  • Flores v. Garland
  • Matter of L-A-C-

Cases in adjacent profiles