The Petitioner, a software engineer, proposed to design novel algorithms and system architectures to enhance the efficiency, scalability, and reliability of private cloud storage systems.

Prong 1 — national importancenot established · dispositive

“the record does not sufficiently demonstrate how the Petitioner intends to pursue the proposed endeavor independently of his current employment”

“the Petitioner does not establish how his proposed endeavor meaningfully differs from existing algorithms and system architects already used in the private cloud storage field”

“these letters do not offer sufficient, detailed, and concrete examples of how the Petitioner's endeavor has the potential for broad and measurable implications for the country beyond impacting his employer and its clients”

“the record does not sufficiently establish the extent to which the claimed impact is attributable to the Petitioner independently, rather than to the activities of his employer”

“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”

“alignment with general national goals, in and of itself, does not necessarily establish that the Petitioner's endeavor rises to the level of national importance”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “these letters do not offer sufficient, detailed, and concrete examples of how the Petitioner's endeavor has the potential for broad and measurable implications”

  AAO decision text
• patents · discounted

  “the evidence does not sufficiently explain how these algorithms and system architects were created and whether they were developed during his employment”

  AAO decision text
• degree · credited
• resume experience · discounted

  “the record does not sufficiently demonstrate how the Petitioner intends to pursue the proposed endeavor independently of his current employment”

  AAO decision text

Where this case turned

• Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
• Endeavor too vague · p1 — described as a job role, not a defined undertaking
• Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
• Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
• Letters not independent · p1 — letters come from employers and close collaborators, not independent experts

Notable

AAO expressly agreed with SCOPS that prongs 2 (well-positioned) and substantial merit were satisfied, isolating national importance as the sole dispositive issue; declined to reach prongs 2/3 citing Bagamasbad and Matter of L-A-C-.

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
• 8 C.F.R. 103.5
• Flores v. Garland
• Matter of L-A-C-

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