EB-2 NIWData science and analyticsEmployerDecided January 2026Dismissed
Outcome: Dismissed
JAN282026_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A digital marketing company sponsors a data scientist for EB-2 with national interest waiver. The AAO found the beneficiary qualified for EB-2 with an advanced degree and the endeavor has substantial merit, but rejected the waiver because the petitioner failed to demonstrate the proposed work has national importance, only that STEM fields are important generally.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
No criterion in the table was found met in this decision.
What was missing
- Merit and national importance · Proposed endeavor lacked sufficient documentary evidence demonstrating national-level impact beyond general STEM field importance.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacked sufficient documentary evidence demonstrating national-level impact beyond general STEM field importance. |
 Well positioned | Not reached / not discussed | First prong failed; second prong reserved for future consideration and not analyzed. |
 Balance favors a waiver | Not reached / not discussed | First prong failed; third prong reserved for future consideration and not analyzed. |
A published decision describes one case. It is not legal advice and not a prediction for yours.