Published AAO appeal decisions

A data scientist sought EB-2 national interest waiver for a public policy perception analysis endeavor using data-driven technologies. Although the specific endeavor had substantial merit, AAO agreed with USCIS that the petitioner failed to establish national importance. Proposed work would operate within single employer without broader field implications or substantial economic effects. Appeal dismissed.

A statistician with an approved labor certification sought a national interest waiver to develop statistical methods for biomedical discovery and clinical trials. The AAO dismissed the appeal, holding expert letters lacked persuasive corroborating evidence that his specific proposed endeavor would achieve national importance in biomedical science.

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 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.

Lead data engineer: employer-sponsored EB-2 with national interest waiver claim. Petitioner asserted cloud computing and AI work had national importance. AAO held proposed endeavor lacked national or global implications and benefited only specific employer; first prong failed.