NIW Bearings
sustainedAPR292024_05B52032024-04-29 · 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 data scientist working in the information technology sector, proposed to provide expert data analytics services in the U.S. to advance the use of data science across industries.

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

EB-2 threshold — addressed

Director found Petitioner qualified for EB-2 classification as an advanced degree professional based on his master's degree in data science; not disputed on appeal.

Prong 1 — national importanceestablished

Prong 2 — well positionedestablished

Prong 3 — balance of factorsestablished

How the evidence was treated

  • recommendation letter · credited
  • citations publications · credited
  • resume experience · credited
  • degree · credited

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Notable

AAO sustained the appeal, finding all three Dhanasar prongs satisfied and reversing the Director on national importance, well-positioned, and balance-of-benefit prongs; applied the STEM-field 'strong positive factor' policy guidance favorably.

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. 103.3
  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • USCIS Policy Manual F.5(D)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

AAO found petitioner's STEM advanced degree, published research, employer/mentor endorsements, and generic data-science industry importance sufficient to satisfy all three Dhanasar prongs on de novo review.

Transferable lesson

Pair strong personal credentials and STEM classification with even generic industry-importance evidence; AAO may find this sufficient without granular scale analysis.

Endeavor framing

moderate

National-importance theory

critical_emerging_tech · stem_positive_factor · us_competitiveness · economic_growth_generic

Evidence targeting

mixed

Cases in adjacent profiles