NIW Bearings
dismissedNOV142024_03B52032024-11-14 · 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 Petitioner intended to work as an information security analyst providing cybersecurity consulting, auditing, and implementation services to help U.S. businesses protect digital assets, ensure regulatory compliance, and reduce data breaches.

Field: cybersecurity / information security · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO did not dispute, that the Petitioner qualifies as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

“he primarily relies on the importance of the cybersecurity occupation and industry rather than the prospective impact of his specific endeavor”
“the record does not support his assertions that his work will result in broader implications to the field, beyond the potential benefits to his immediate employer(s) or customers”
“A shortage of qualified professionals alone does not render the work of an individual cybersecurity professional nationally important under the Dhanasar precedent decision”
“the Petitioner has not provided sufficient information or evidence regarding the economic impact or job creation directly attributable to his future work”
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “he has not provided details or evidence regarding these systems or explained whether these systems or algorithms would lead to national or global implications”
    AAO decision text
  • recommendation letter · discounted
    “the writer does not explain how his work would impact these initiatives on a broader scale beyond the direct benefits to his employers or customers”
    AAO decision text
  • citations publications · discounted
    “The articles in the record do not discuss his specific work, or otherwise establish how his work will result in broader implications to the industry.”
    AAO decision text
  • resume experience · discounted
    “a petitioner's expertise and record of success are considerations under Dhanasar's second prong, which shifts the focus from the proposed endeavor to the foreign national”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • 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
  • Local, not national scope · p1 — impact confined to clients / a region
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The AAO noted the Petitioner's appeal presented only general disagreement with the Director's decision without identifying specific errors, though it proceeded to review the merits anyway.

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. 204.5(k)(2)
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

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