NIW Bearings
dismissedOCT092025_01B52032025-10-09 · 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, an algorithm scientist with a PhD in mathematics, proposed to design and implement optimized algorithms for large-scale optimization problems, with applications including improving medical devices used in cardiology and other real-world engineering/data-science contexts.

Field: applied mathematics / algorithm science · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS and the AAO agreed the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree (PhD in mathematics).

Prong 1 — national importancenot established · dispositive

“the articles, reports, and data do not address the Petitioner's specific proposed endeavor to "develop optimized algorithms in order to improve the utility of medical devices that operate on such algorithms"”
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
“the Petitioner has not demonstrated that the economic benefits and technological advancements resulting from the company's operations would be directly attributable to the Petitioner's particular role”
“a shortage of qualified professionals is not sufficient to demonstrate eligibility for a national interest waiver”
“The Petitioner has not provided sufficient information or evidence to establish that his proposed endeavor offers benefits that extend beyond his employer or clients”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the letters do not provide sufficient information or evidence about the Petitioner's proposed endeavor and its impact rising to the level of national importance”
    AAO decision text
  • other · discounted
    “the articles, reports, and data do not address the Petitioner's specific proposed endeavor”
    AAO decision text
  • resume experience · discounted
    “the Petitioner's education, knowledge, skills, and professional experience in the field are related to the second prong”
    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
  • Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar
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Notable

The AAO expressly rejected the shortage-of-STEM-workers argument as insufficient, noting such shortages are addressed via the labor certification process rather than an NIW. It also addressed and rejected the Petitioner's abuse-of-discretion/evidence-ignored argument, citing Guaman-Loja, Kazemzadeh, and Casalena for the proposition that agencies need not address every piece of evidence individually.

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 L-A-C-

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