NIW Bearings
dismissedSEP012026_03B52032026-09-01 · combined

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.

To advance cybersecurity through Secure-by-Design methodologies and strengthening open-source and interconnected software security, with claimed national economic and security benefits.

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

EB-2 threshold — addressed

Prong 1 — national importancenot established · dispositive

“sufficiently extends beyond his employer and his future projects to impact the cybersecurity field”
“the Petitioner has not provided corroborating evidence to support his claims of his proposed endeavor's substantial economic benefits to the United States”
“a petitioner may not make material changes to a petition in an effort to make a deficient petition conform to USCIS requirements.”

AAO decision text

How the evidence was treated

  • other · discounted
    “the Petitioner has not established that this documentation specifically concerns his proposed endeavor.”
    AAO decision text
  • motion resubmission · discounted
    “the Petitioner references documents previously included in the record, which we have previously considered.”
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Material change of endeavor · p1 — the endeavor described on appeal is not the one filed
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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. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of Izummi

Cases in adjacent profiles