The Petitioner, a software engineer, proposed to continue working for his employer designing and delivering security features for its SaaS cloud security products, maintaining availability and performance.

Prong 1 — national importancenot established · dispositive

“SCOPS determined that the Petitioner did not demonstrate that his specific proposed endeavor activities extend beyond his employer to impact the field more broadly”

“SCOPS noted that the relevant question is not the importance of the industry in which the Petitioner would work, rather it is whether the specific proposed endeavor has national importance.”

“he has not offered sufficient information and evidence to demonstrate the prospective impact of his proposed endeavor that rises to the level of national importance”

“the Petitioner has not detailed or established his plans to introduce novel technologies or software engineering advancements that may be disseminated to or adopted by others”

AAO decision text

How the evidence was treated

• degree · credited
• other · discounted

  “he has not offered sufficient information and evidence to demonstrate the prospective impact of his proposed endeavor that rises to the level of national importance”

  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

Notable

AAO expressly 'adopts and affirms' SCOPS's decision under the Matter of Burbano practice rather than conducting fully independent analysis, and declines to reach prong 3 as unnecessary once prong 1 is found dispositive, citing INS v. Bagamasbad.

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

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