NIW Bearings
dismissedMAR252025_12B52032025-03-25 · 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 Beneficiary, a senior software engineer, proposed to use cloud computing, data storage, data processing/analysis, and cybersecurity methods to develop enterprise-level network security architecture and cloud-based software solutions for his employer.

Field: software engineering / network security and cybersecurity · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether a person's endeavor has national importance.
merely working in an important field is insufficient to establish the national importance of the proposed endeavor.
the alleged shortage of occupations or occupational skills does not render a proposed endeavor nationally important under the Dhanasar framework.
the Petitioner did not demonstrate that the economic implications of its operations would be attributable to the Beneficiary's projects
many of the letters are from former or current colleagues who discuss the Beneficiary's past achievements, knowledge, skills, and abilities, which relate to the second prong

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    many of the letters are from former or current colleagues who discuss the Beneficiary's past achievements, knowledge, skills, and abilities
    AAO decision text
  • contract revenue · discounted
    the Petitioner cannot rely on its revenue and impact within the field to claim the Beneficiary's work is nationally important
    AAO decision text
  • media · discounted
    the alleged shortage of occupations or occupational skills does not render a proposed endeavor nationally important
    AAO decision text
  • patents · ignored
  • citations publications · ignored

Where this case turned

  • Economic claims unsupported · p1job/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 · p1argues the field matters, not the specific endeavor
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

AAO cites a January 2025 USCIS Policy Alert (PA-2025-03) amending the Policy Manual's national importance guidance, applying it alongside Dhanasar to reject employer-specific and field-importance arguments; the appeal turned entirely on prong one with prongs two and three expressly reserved.

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 E-M-
  • Matter of L-A-C-

Cases in adjacent profiles