Published AAO appeal decisions

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.

Data scientist claimed five criteria for EB-1A extraordinary ability. SCOPS and AAO found only one criterion met (high salary), then withdrew it on appeal. AAO determined petitioner failed to meet three required criteria and dismissed without final merits analysis.

An employer petitioned for an assistant vice president's EB-2 classification with national interest waiver for developing machine learning and advanced analytics tools for market risk management. The AAO affirmed denial; while the work had substantial merit, employer failed to establish it had national importance or impact beyond the specific employer.

Product manager at gaming and streaming company seeks EB-2 NIW. Petitioner claimed endeavor has substantial merit via AI and ML innovation and cybercrime prevention. AAO affirmed Director's finding that endeavor lacks national importance; role's impact confined to employer without demonstrating broader industry implications or substantial economic effects.

A biostatistician sought EB-2 classification with NIW. The AAO affirmed dismissal, finding the petitioner qualified as advanced degree professional but failed to demonstrate national importance of the proposed endeavor. The testimony addressed field importance, not the specific endeavor's prospective impact.

Pharmaceutical company petitioned for EB-2 NIW for data engineer managing digital platforms, AI, machine learning, and clinical trial data. AAO held proposed endeavor lacks national importance; it benefits only employer and collaborators, not broader industry or economy nationally.

Cybersecurity professional sought EB-2 NIW for proposed work developing advanced payment security and fraud detection systems. AAO found substantial merit but concluded endeavor lacked national importance; work would not extend beyond prospective employers or customers to impact field broadly or produce substantial economic benefits.

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.

Petitioner with advanced degree proposes data analytics and AI solutions company for healthcare. Claimed national importance via government recognition of AI in healthcare and societal welfare impact. AAO affirmed dismissal; endeavor lacks demonstrable national importance; benefits confined to prospective clients without substantial positive economic effects.

Data analyst sought NIW claiming proposed endeavor in predictive analytics with vague research spanning fraud detection, healthcare, cybersecurity, and other areas. AAO dismissed, finding petitioner failed to articulate specific endeavor clearly or demonstrate national importance. Nebulous future research plans insufficient.

A data scientist employer-petitioner for EB-2 national interest waiver. Claimed proposed work in AI and technology would benefit national interest. AAO found endeavor lacks national importance—impact limited to employer and customers without broader field effects. Court reserved second and third prong analysis, dismissing appeal on first prong failure.

An enterprise architecture and data warehousing expert seeking EB-2 advanced degree classification with NIW proposed operating a consultancy in AI, machine learning, and cybersecurity. AAO held the specific proposed endeavor lacks national importance because evidence does not show how individual company would achieve national-level impact; appeal dismissed.

Market research and financial analyst seeks EB-2 with national interest waiver for new business providing market research and financial services. AAO dismissed because proposed endeavor lacks national importance; petitioner failed to demonstrate novel methodologies, research contributions, or prospective economic impact beyond clientele.

Market research analyst, business analyst, economist, and administrative manager self-petitioner sought EB-2 with NIW. Director found substantial merit but AAO affirmed dismissal on appeal, finding no national importance. Proposed market research and data analysis business lacked evidence of prospective impact beyond serving individual clients; failed to demonstrate broader implications.

Data scientist self-petitioner sought EB-1A extraordinary ability classification. Met two of ten evidentiary criteria: scholarly articles and judging. Claimed published material and original contributions on appeal but failed to establish either. AAO dismissed, finding petitioner fell short of three-criterion threshold and lacked evidence of sustained acclaim required for small percentage at top.

Data scientist claimed five criteria on appeal. AAO found record meets at least three criteria but totality fails to demonstrate sustained national or international acclaim and top-of-field status required for extraordinary ability classification.

Geoscientist and data scientist holding advanced degree seeking NIW. Petitioner proposed climate and groundwater modeling research with potential government decision-making and sustainability benefits. AAO held proposed endeavor lacks national importance despite field relevance; supporting letters addressed petitioner's qualifications, not endeavor's broader impact or employment potential.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Data-integration consultant seeking EB-2 with national interest waiver. Claimed endeavor has substantial merit and national importance through broad industry impact. AAO found proposed endeavor lacks national importance because evidence does not demonstrate broader implications beyond employer and existing customers.

Data scientist sought EB-2 classification with NIW, proposing to provide data science services through his own company in Massachusetts. AAO dismissed appeal, finding the proposed endeavor lacked national importance because it would not sufficiently impact the field or U.S. economy beyond serving prospective clients.