NIW Bearings
dismissedSEP102025_02B52032025-09-10 · 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 founded a cybersecurity academy in Florida through which he intended to serve as CEO and head consultant, offering onsite and online seminars and customized cybersecurity consulting services to individuals and small/medium businesses.

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

EB-2 threshold — addressed

SCOPS found the Petitioner qualifies as a member of the professions holding an advanced degree; AAO did not need to reach exceptional ability arguments.

Prong 1 — national importancenot established · dispositive

the determination of national importance does not focus on the importance of cybersecurity in general, but "focuses on the specific endeavor that the foreign national proposes to undertake."
the Petitioner's business plan does not elaborate on its employment and financial projections, as they are not supported by details showing their basis or an explanation of how they will be achieved.
the Petitioner has not shown his proposed endeavor stands to sufficiently extend beyond his company and its clientele to impact the field of cybersecurity, the nation's cybersecurity initiatives, national security, or the U.S. economy more broadly at a level commensurate with national importance.

AAO decision text

How the evidence was treated

  • business plan · discounted
    does not elaborate on its employment and financial projections, as they are not supported by details showing their basis
    AAO decision text
  • recommendation letter · discounted
    they only reference job creation or industry growth insofar as several authors indicate they have discussed the possibility of doing work
    AAO decision text
  • other · discounted
    refer generally to the importance of cybersecurity and STEM fields and do not reference the Petitioner
    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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
1,312coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO expressly distinguished evidence relevant to Dhanasar prong 2 (skills, prior work, customer interest) from prong 1 national-importance analysis, noting the Petitioner conflated the two; case resolved entirely on prong 1 with prongs 2 and 3 reserved.

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-

Cases in adjacent profiles