NIW Bearings
dismissedNOV142025_01B52032025-11-14 · 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 and Ph.D. student in IT, proposed to conduct research applying AI, machine learning, and cloud computing to enhance data security across various domains.

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

EB-2 threshold — addressed

SCOPS determined and AAO did not dispute that Petitioner's master's degree in mechanical engineering qualifies her as an advanced degree professional.

Prong 1 — national importancenot established · dispositive

However, the Petitioner's proposed activities as explained in the initial petition appear general and vague without a specific focus or plans.
we acknowledge the overall value of the advancement of cybersecurity and information technology... but their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.
As the letters only discuss the endeavor's impact in generalized terms, we cannot properly evaluate the endeavor's potential for broad impact in the field of data security and IT.
these citations do not demonstrate broad impact in the field as the articles do not distinguish or highlight the Petitioner's work from the other cited papers.
the record lacks support for the Petitioner's actual findings and innovations other than general statements claiming results of various benefits in the specified fields of endeavor.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    these authors do not provide details on the Petitioner's specific endeavor and its impact to confirm that her research lends itself to improved processes
    AAO decision text
  • citations publications · discounted
    these citations do not demonstrate broad impact in the field as the articles do not distinguish or highlight the Petitioner's work
    AAO decision text
  • other · discounted
    this type of evidence relates to the second prong of the Dhanasar framework, which shifts the focus from the proposed endeavor to the foreign national
    AAO decision text

Where this case turned

  • Citations insufficient · p1citation counts without qualitative account of impact
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
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Notable

AAO agreed with Petitioner that SCOPS erred in treating economic effects (job creation) as a strict requirement for national importance, but still found the endeavor description too vague/general to independently establish national importance, using Dhanasar's own facts as a detailed comparison point.

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

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