NIW Bearings
dismissedMAR272025_03B52032025-03-27 · 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 Beneficiary sought to work as a principal systems administrator for a U.S. clinical research and biopharmaceutical services company, maintaining systems supporting AI-powered clinical trial development.

Field: systems administration / AI-powered clinical research technology · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Beneficiary qualifies as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the Petitioner has not demonstrated how the economic activity directly resulting from the Beneficiary's proposed endeavor would rise to the level of national importance
the focus of the inquiry is on the specific proposed endeavor the Beneficiary would undertake
The Petitioner also has not established that the proposed endeavor stands to significantly reduce a national labor shortage in the STEM fields as claimed
shortages of qualified workers are directly addressed by the U.S. Department of Labor through the labor certification process
they did not establish the Beneficiary's specific proposed endeavor will have substantial national implications or have a broader impact beyond the individuals directly served by the company

AAO decision text

How the evidence was treated

  • other · discounted
    The Petitioner cites the scale of their overall company; however, they have not explained how the Beneficiary's endeavor would affect the company's employment metrics
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
2,501coded 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 expressly reserved (did not reach) prongs 2 and 3, finding prong 1's national importance failure alone dispositive; cited Flores v. Garland (5th Cir.) on discretionary nature of NIW grants.

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