NIW Bearings
dismissedSEP132024_02B52032024-09-13 · appeal · Nebraska Service Center

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 beneficiary, a senior software engineer, proposed to continue working for his employer leading site-reliability engineering projects to reduce customer incident outages, analyze past live-site issues for management reporting, and expand on-call ticket features for the company's cloud platform.

Field: software engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed with the Director that the Beneficiary qualifies as an advanced-degree professional based on a foreign bachelor's degree plus more than five years of progressive experience.

Prong 1 — national importancenot established · dispositive

the Director determined that the Petitioner did not demonstrate the Beneficiary's specific proposed endeavor activities extend beyond the Petitioner to impact the field more broadly
the Petitioner has not demonstrated his work as a software engineer for the Petitioner and its I !platform has the potential to impact his field more broadly rising to the level of national importance
Stating that the profession of software engineering is of importance...is not sufficient to meet the "national importance" requirement under the Dhanasar framework since it fails to address the potential prospective impact of the Beneficiary's specific endeavor
The economic benefits that the Petitioner claims are supported by the Beneficiary's endeavor depend on numerous factors and the Petitioner did not offer a sufficiently direct evidentiary tie

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the content of these letters mainly relates to the second prong of the Dhanasar framework, instead of speaking to the national importance of the Beneficiary's proposed endeavor
    AAO decision text
  • media · discounted
    this evidence does not mention the Beneficiary's specific work with I I and its site reliability engineering team
    AAO decision text
  • other · discounted
    the evaluation's focus on the importance and need for software engineers does not demonstrate that the instant specific endeavor would have a prospective impact in the field
    AAO decision text
  • degree · credited
  • resume experience · credited

Where this case turned

  • 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
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
2,501coded 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 explicitly separated evidence types by prong, finding that detailed recommendation letters describing the beneficiary's specific project work were relevant to prong 2 (well-positioned) rather than prong 1 (national importance), and criticized an expert evaluation for addressing the importance of the software engineering profession generally rather than the specific endeavor's prospective impact.

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-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Evidence showed beneficiary's endeavor benefited employer and its clients but failed to show broader impact on the field, U.S. workers, or economy at a nationally important scale.

Transferable lesson

Tie recommendation letters and expert opinions directly to the beneficiary's specific endeavor's field-wide or economic impact, not just employer benefit or general field importance.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · economic_growth_generic · us_competitiveness · field_advancement

Evidence targeting

person_focused

Cases in adjacent profiles