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.

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.

Data scientist with doctorate in data science and master's in statistics sought NIW for computing and data analysis research endeavor. AAO sustained appeal, finding endeavor has national importance, petitioner well positioned to advance it given STEM doctorate and demonstrated progress, and waiver benefits United States.

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.

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.

A data scientist with advanced degrees in data analytics and related fields sought EB-2 classification with NIW. The AAO held his proposed work developing AI solutions for his employer, while beneficial to that employer, lacks the broad field-level national importance required under Dhanasar.

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 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.

A fraud data analyst with advanced degree sought EB-2 national interest waiver for work developing machine learning fraud detection models. She claimed the work addresses important fraud prevention and financial risk. The AAO dismissed, holding her employer-specific role lacks evidence of broader national implications, novel technologies for field-wide adoption, or prospective impact beyond her current position.

A biostatistician with a Ph.D. in mechanical engineering seeking EB-2 with NIW for developing a smartphone ECG device failed to establish national importance. The description lacked specificity, and evidence did not show prospective impact commensurate with national significance.

An employer petitioned for a data scientist beneficiary for EB-2 with national interest waiver under Dhanasar. The AAO confirmed the beneficiary qualified for EB-2 advanced degree status but dismissed because the proposed endeavor lacked sufficient national importance, being employer-specific rather than broadly impactful.

Quantitative researcher with doctorate in statistics seeks NIW for EB-2 classification to develop statistical methodologies for big data research. AAO dismissed appeal, finding proposed endeavor lacks national importance; work restricted by employer covenants and lacks dissemination beyond employer and clients.

Data scientist self-petitioner sought EB-2 NIW based on advanced degree and proposed research in anomaly detection. AAO affirmed denial, holding petitioner did not establish national importance under first Dhanasar prong; research projects lacked specificity and documentation showing broader field or industry impact. Second and third prongs not addressed.

Researcher in hydrometeorology and AI-driven precipitation forecasting with Master's degree sought NIW. AAO dismissed appeal because petitioner failed to establish national importance; work as model tester on NASA-funded projects lacked broader field impact and showed no role as principal investigator or named funding recipient.

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.

Data scientist seeking NIW for EB-2 classification. AAO affirmed dismissal because proposed endeavor lacks national importance; while substantial merit established, petitioner's work benefits only current employer with no demonstration of innovations or impact extending beyond employer's business interests or clients.

Data engineer seeking EB-2 with national interest waiver. Established substantial merit of endeavor but not national importance. AAO affirmed dismissal, finding applicant did not demonstrate how employment would reach national importance or provide substantial positive economic effects.

Employer sponsored data science associate in financial services for EB-2 NIW. Beneficiary proposed continuing work in AI, anti-money laundering, and data visualization. AAO dismissed, finding endeavor has substantial merit but lacks national importance; letters contained general assertions without specific evidence of field-wide impact or innovation.

Data scientist pursued doctoral degree while proposing research on human mobility and urban prediction models for national interest waiver. AAO dismissed appeal because evidence failed to establish prospective impact of the specific endeavor, distinguishing between field importance and actual project importance.

Data analytics manager with advanced degree sought NIW for work managing digital analysts in banking and financial services. AAO found his mentorship and project work have substantial merit but lack national importance, as the endeavor does not demonstrate broader implications for the field or industry beyond individual benefits.

Sustainability and business intelligence consultant sought EB-2 NIW classification. AAO held proposed endeavor had substantial merit but lacked national importance as required under Dhanasar because petitioner provided only general assertions without adequate evidence of broader field impact or specific prospective consequences.