NIW Bearings
dismissedMAY262026_01B52032026-05-26 · appeal

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

Field: software engineering / private cloud storage systems · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found, and AAO did not dispute, that the Petitioner qualifies as a member of the professions holding an advanced degree.

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 · p1described as a job role, not a defined undertaking
  • 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
746coded 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 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-

Cases in adjacent profiles