NIW Bearings
dismissedAPR112024_08B52032024-04-11 · appeal · Texas Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The petitioner, a statistics doctoral candidate and assistant professor, proposed to develop predictive and probabilistic/generalized linear statistical models with claimed applications across cybersecurity, agriculture, epidemiology, defense, and other fields.

Field: statistics / data science · Read the decision (uscis.gov)

Prong 1 — national importancenot established · dispositive

the Petitioner has provided little supporting evidence to substantiate that his proposed work statistical and data science models in the United States would have a potential prospective impact on a national level.
the Petitioner asserted potential prospective impacts in a wide array of potential fields leaving question as to whether he would have a national impact on any of them.
there is little supporting evidence to substantiate that his research on statistical and data science models is likely to have a national impact on these large fields and industries
there is no indication that the Petitioner will be working on his proposed endeavor full-time or that he has received any funding

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    where an opinion is not in accord with other information or is in any way questionable, we are not required to accept or may give less weight to that evidence.
    AAO decision text
  • funding · discounted
    the Petitioner's focus on potential funding by the U.S. government for his research appears misplaced ... as it does not appear he has received any funding in this, or any, field.
    AAO decision text
  • citations publications · discounted
    there is little evidence to support that he would be doing national-level work related to any of the several fields and industries he and those in his support letters discuss.
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO acknowledged the Director erred by focusing on an occupational shortage argument and by not sufficiently addressing the support letters, but declined to remand and instead conducted its own de novo national-importance analysis, ultimately reaching the same conclusion; AAO also flagged internal inconsistencies between the petitioner's claim of continuing part-time academic work/dissertation completion and his later assertion of pursuing the endeavor full-time with 'continuous funding.'

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.2(b)(1)
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of Ho
  • Matter of Katigbak
  • Matter of L-A-C-

Cases in adjacent profiles