NIW Bearings
dismissedSEP292025_01B52032025-09-29 · 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 development manager, proposed to develop and implement a security automation platform for cloud services to improve threat detection, incident response, and cloud infrastructure resilience for U.S. IT companies.

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

EB-2 threshold — addressed

SCOPS and AAO agreed petitioner qualifies as an advanced degree professional based on his master's degree in international business.

Prong 1 — national importancenot established · dispositive

the federal policy objectives in cybersecurity do not directly address the Petitioner's specific proposed undertaking and do not indicate that the government has a particular interest in the Petitioner's planned business activities
The record does not adequately explain how his proposed endeavor to develop and implement a security automation platform for cloud services for his employer or clients offers benefits that extend beyond his employer or clients
the Petitioner has not offered sufficient evidence that his employer or clients will employ a significant population of workers in an economically depressed area or that his endeavor would offer a particular U.S. region or its population a substantial economic benefit

AAO decision text

How the evidence was treated

  • business plan · discounted
    he has not provided sufficient information and evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance
    AAO decision text
  • recommendation letter · discounted
    the Petitioner's education, training, work experience, professional memberships, and professional achievements are relevant under the second prong of Dhanasar
    AAO decision text
  • resume experience · discounted
    the Petitioner's education, training, work experience, professional memberships, and professional achievements are relevant under the second prong of Dhanasar
    AAO decision text
  • certification membership · discounted
    the Petitioner's education, training, work experience, professional memberships, and professional achievements are relevant under the second prong of Dhanasar
    AAO decision text
  • degree · credited
All 6 evidence items
  • other · discounted
    Without sufficient information or evidence regarding any projected U.S. economic impact or job creation attributable to his future work
    AAO decision text

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

Petitioner cited Executive Order 14144, CISA guidelines, the 2024 National Cybersecurity Strategy Implementation Plan, and NIST Cybersecurity Framework 2.0 to argue national importance; AAO rejected this as field-level rather than endeavor-specific evidence. Decision also cites Flores v. Garland on the discretionary nature of NIW adjudications.

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. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to show his cloud-security platform's benefits extend beyond his employer/clients to the broader field, cybersecurity sector, or U.S. economy at a nationally significant scale.

Transferable lesson

Tie the endeavor to quantifiable, field-wide or economy-wide impact (jobs, revenue, adoption) beyond the employer's own systems, not just industry importance or personal credentials.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · national_security · government_interest · economic_job_creation

Evidence targeting

person_focused

Cases in adjacent profiles