NIW Bearings
dismissedOCT022025_04B52032025-10-02 · 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 III, proposed to advance data processing, data governance modeling, and AI-powered analytics, including developing an open-source library of interactive web components for data visualization and analysis.

Field: advanced computing and data security technologies / software engineering · 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

his services may benefit his employer, he did not show that his proposed work stands to impact the field more broadly
none of the articles mention the Petitioner or his planned projects, or otherwise speak to the potential prospective impact of his specific proposed endeavor
The letters from S-R-, J-F-K-, I-T-, L-T-, C-M-, J-P, and A-D- do not contain sufficient infonnation and explanation
As this plan materialized after the filing of the petition, and therefore would not establish his eligibility at the time of filing
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work
he has not shown that his specific proposed endeavor stands to sufficiently extend beyond his proposed projects and their users to impact his field

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    do not contain sufficient infonnation and explanation ... to show that the Petitioner's specific proposed work offers broader implications
    AAO decision text
  • business plan · discounted
    As this plan materialized after the filing of the petition, and therefore would not establish his eligibility at the time of filing
    AAO decision text
  • media · discounted
    none of the articles mention the Petitioner or his planned projects, or otherwise speak to the potential prospective impact
    AAO decision text
  • degree · ignored
    a Petitioner's education, however, is a factor considered under Dhanasar's second prong
    AAO decision text

Where this case turned

  • Business plan speculative · p1projections without a documented basis or steps
  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
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Notable

AAO noted the Petitioner's RFE-stage declaration introduced a new project not clearly described in the initial filing, and treated the later-developed project plan as post-filing evidence insufficient to establish eligibility at time of filing (citing Matter of Katigbak and Matter of Izummi).

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. 103.2(b)(1)
  • 8 C.F.R. 103.3
  • Flores v. Garland
  • Matter of Izummi
  • Matter of Katigbak

Cases in adjacent profiles