Published AAO appeal decisions

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 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.

Senior data analyst seeks NIW for EB-2 classification to develop machine learning models for diabetes risk prediction. AAO dismissed appeal, finding petitioner failed to demonstrate national importance of proposed endeavor and insufficient evidence of being well positioned to advance it despite holding master degrees and modest publication record.

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.

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.

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 with doctorate in earth science sought EB-2 NIW for climate change research using dynamical theories and data analysis. Met all three Dhanasar prongs: endeavor has substantial merit and national importance, petitioner well positioned to advance it, and balance favors waiver given STEM expertise and contributions.

Data scientist with master's degree in data science and entrepreneurial background petitioned for NIW. Claimed all three Dhanasar prongs. AAO found proposed endeavor has substantial merit and national importance for business analytics, petitioner well-positioned through education and experience, and waiver balanced beneficial to U.S. interests in STEM field.

Quantitative analytics researcher with Ph.D. in economics sought EB-2 national interest waiver to develop novel mathematical models for economic forecasting. AAO found substantial merit and national importance but concluded she lacked sufficient record of success and demonstrated positioning to advance the endeavor, failing the second Dhanasar prong.

A data science researcher with a Ph.D. sought an EB-2 national interest waiver. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the proposed research in data science algorithms and computing has national importance, the petitioner is well positioned through expertise and citations to advance it, and waiving labor certification benefits U.S. scientific interests.

A healthcare data analyst with Master of Public Health sought NIW for healthcare research focusing on chronic disease prevention. AAO found endeavor has substantial merit but denied waiver because petitioner failed to demonstrate being well positioned to advance research through funding, citations, or leadership role.

A supply chain analyst with advanced degrees sought EB-2 national interest waiver for statistical analysis and traffic route optimization work. AAO held the proposed endeavor lacked sufficient national importance as impact was limited to the petitioner's company, not the field broadly, failing the first Dhanasar prong.