Published AAO appeal decisions

A data scientist self-petitioner claimed extraordinary ability under EB-1A. AAO dismissed because petitioner did not satisfy three regulatory criteria; scholarly articles criterion was withdrawn, leaving only two criteria met, and record lacks evidence of sustained acclaim at field's top.

Self-petitioner, data scientist and entrepreneur, claimed national interest waiver for EB-2 self-employment in data consultancy. AAO held proposed endeavor lacked sufficient evidence of national importance because it would not impact the field broadly or provide substantial economic effects beyond serving individual clients.

A data engineer and analyst sought EB-2 with national interest waiver for an AI-based health platform. The AAO found substantial merit but dismissed because the proposed endeavor lacked sufficient evidence of national importance; business projections alone without demonstrated broader field impact do not meet Dhanasar's first prong.

A business intelligence analyst with two master's degrees and over a decade of IT experience sought EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to meaningfully challenge the first prong finding and did not establish national importance.

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.

A statistics researcher proposing to develop predictive models for cybersecurity and data analysis sought NIW. The AAO dismissed the appeal, finding the specific proposed endeavor lacked national importance under Dhanasar's first prong, as it would not impact the field broadly.

Business intelligence analyst seeking national interest waiver claimed endeavor providing data analysis services to small and medium enterprises would benefit U.S. economy. AAO dismissed, finding proposed work lacked national importance because benefits were narrowly confined to individual client revenue improvement without broader field or economic implications.

Data processing professional sought NIW claiming advanced degree or exceptional ability. AAO dismissed because petitioner lacked foreign equivalent of U.S. advanced degree or baccalaureate degree, failed to demonstrate five years progressive post-baccalaureate experience, and met only two of three exceptional ability criteria required.

Data analytics specialist with advanced degree sought EB-2 with national interest waiver. The AAO found her proposed work lacked national importance because evidence did not show impact beyond her future employer and clients on the IT industry, data analytics field, or broader economy at national level.

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 business data engineer sought extraordinary ability classification, claiming several evidentiary criteria after the service center found none met. The AAO accepted the judging criterion but found membership and original contributions unmet. It dismissed the appeal because the evidence did not show sustained acclaim or top-of-field standing.

Statistician with twenty years experience seeking NIW for advanced degree EB-2 in data science and market research. AAO dismissed appeal, finding proposed work lacks projected economic impact or job creation sufficient to establish national importance under Dhanasar first prong.

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

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.

An employer sponsored an agricultural data scientist for extraordinary ability. The AAO agreed she met two criteria: scholarly articles and peer review judging. However, the petitioner failed to meet the three-criterion threshold. Original contributions and critical role claims were unsubstantiated. Appeal dismissed for insufficient evidence.

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 data scientist sought EB-1A extraordinary ability classification. The AAO dismissed because he satisfied only two of three required evidentiary criteria. His original contributions claim failed; publication venue prestige, citation counts, and high percentile rankings did not demonstrate major significance or influence in the field.

Computer scientist employed in data science seeking EB-1A extraordinary ability. AAO affirmed denial because applicant met only one of three required evidentiary criteria. Scholarly articles alone insufficient; no evidence of sustained national or international acclaim or top-tier field placement.

Financial trading firm sponsored quantitative researcher for EB-1A extraordinary ability. Director found beneficiary met two of ten criteria. Petitioner claimed two additional criteria on appeal. AAO held petitioner failed to establish three required criteria and lacked sustained national or international acclaim. Appeal dismissed.

Data scientist employed by software company for agricultural analytics sought EB-1A classification. Petitioner claimed seven criteria and argued three were met. AAO found three criteria satisfied but determined evidence does not demonstrate sustained national or international acclaim or small percentage status required for extraordinary ability.

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.

Data science researcher self-petitioner claimed extraordinary ability under EB-1A. Met three evidentiary criteria but failed to demonstrate sustained national or international acclaim or top-tier status in the field. AAO dismissed appeal, finding publication record lacks recent work and citation impact insufficient.

Data scientist employed by software company sought extraordinary ability classification. Met judging and scholarly articles criteria. AAO dismissed appeal, finding the aggregate evidence—including moderate citations, completed projects, and above-median salary—insufficient to establish sustained national or international acclaim.

The petitioner is an operations research analyst who sought extraordinary ability classification, claiming at least three regulatory criteria on appeal. The AAO dismissed the appeal, treating the published material claim as abandoned and concluding that the evidence overall did not show sustained national or international acclaim.

Business intelligence systems analyst and developer sought extraordinary ability classification. Petitioner claimed judging, original contributions, and leading role. AAO found judging limited to employment duties, recommendation letters insufficient to show major field significance beyond acquaintances, and no documentary evidence of organizational role or reputation.