EB-2 NIWData science and analyticsEmployerDecided October 2024Dismissed
Outcome: Dismissed
OCT222024_02B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A data scientist employer-petitioner for EB-2 national interest waiver. Claimed proposed work in AI and technology would benefit national interest. AAO found endeavor lacks national importance—impact limited to employer and customers without broader field effects. Court reserved second and third prong analysis, dismissing appeal on first prong failure.
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 lacks documented broader impact beyond employer and customers; no national scope
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor lacks documented broader impact beyond employer and customers; no national scope |
 Well positioned | Not reached / not discussed | First prong failure dispositive; second prong not reached per Dhanasar framework |
 Balance favors a waiver | Not reached / not discussed | First prong failure dispositive; third prong not reached per Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.