Published AAO appeal decisions

Senior data scientist with Ph.D. in mechanical engineering sought EB-2 national interest waiver for healthcare data science innovation work. USCIS and AAO agreed the proposed endeavor, though having substantial merit, lacked requisite national importance under Dhanasar's first prong. Benefits appeared confined to specific employer rather than field broadly. Appeal dismissed.

A data analyst and signal processing engineer with a master's degree sought an EB-2 NIW based on work with digital systems. The AAO dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor and that he was well-positioned to advance it, lacking sufficient employer and objective source documentation.

Research scientist with advanced degree sought EB-2 with national interest waiver for optimization and operations research. Decision found proposed endeavor has substantial merit and national importance but concluded she lacks sufficient record of success to be well positioned to advance it.

An operations research analyst with a PhD sought an EB-2 NIW for data-driven research in supply chain and financial markets. The AAO dismissed because the petitioner failed to demonstrate her specific endeavor's national importance, confusing the importance of the field with the importance of her proposed work.

A data scientist with an advanced degree sought EB-2 classification with a national interest waiver. The AAO affirmed the service center denial, finding the proposed endeavor has substantial merit but lacks national importance because the petitioner provided no evidence of prospective impact beyond the employer or significant economic effects.

A forecasting and data analysis researcher sought a national interest waiver for EB-2 classification. The AAO dismissed, finding the first Dhanasar prong met but the second and third prongs unmet: insufficient evidence of being well-positioned to advance the endeavor and that a waiver would benefit the United States.

A data scientist employed at a tech company petitioned for EB-1A. The AAO found the petitioner failed to meet the threshold requirement of three initial evidentiary criteria. Only the awards criterion was analyzed and rejected; remaining criteria were not addressed as the first prong already failed.

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.

Senior manager of data science with Ph.D. in biostatistics sought EB-2 NIW to develop multivariate temporal models using AI for gene regulatory networks and socioeconomic systems. AAO found proposed research has national importance but petitioner's employment role only benefits employer, not the nation; petitioner not well positioned to advance endeavor.