dismissedMAY282024_08B52032024-05-28 · 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 sought to work as a software engineer on his employer's software-defined-networking (SDN) team, helping build next-generation cloud/network infrastructure stacks.
Field: software engineering / software-defined networking, cloud computing · Read the decision (uscis.gov)
Prong 1 — national importancenot established · dispositive
“the Petitioner has not demonstrated that the economic implications and technological advancements resulting from the company's operations would be directly attributable to the Beneficiary's particular role as a software engineer”
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
“the Petitioner did not sufficiently demonstrate how the Beneficiary's proposed endeavor stands to extend beyond his employer, its business partners, and its clientele to impact the software networking industry more broadly”
“the letter only shows the Beneficiary's accomplishments in his past engagements and projects and does not sufficiently address his specific future endeavor”
“the expert opinion letter is of little probative value as it conflates the importance of the field overall with the national importance of the Beneficiary's specific endeavor”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letter only shows the Beneficiary's accomplishments in his past engagements and projects and does not sufficiently address his specific future endeavor”
AAO decision text - media · discounted
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
AAO decision text - degree · credited
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- 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
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
AAO cites Flores v. Garland (5th Cir. 2023) to underscore that NIW adjudication is a discretionary determination, and cites a string of circuit precedent (Guaman-Loja, Martinez, Kazemzadeh, Casalena) for the proposition that a director need not address every piece of evidence individually if reasoned consideration is shown.
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
- Matter of E-M-
- Matter of L-A-C-
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