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EB-2 NIWData science and analyticsEmployerDecided September 2021Remanded

Outcome: Remanded

SEP212021_03B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

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

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedClaimed but not analyzed; Director failed to require clarification of specific proposed endeavor
Well positionedNot reached / not discussedNot reached; first prong cannot be assessed without clear endeavor identification
Balance favors a waiverNot reached / not discussedNot reached; first prong cannot be assessed without clear endeavor identification

A published decision describes one case. It is not legal advice and not a prediction for yours.

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