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 computer science lecturer, proposed to continue research on data analytics techniques applied to fields such as healthcare, transportation, and social media, while also indicating he was seeking a tenure-track university position or a permanent role at the FDA.
Field: computer science / data science · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director did not address EB-2 threshold qualification; AAO remands for Director to address this issue first.
Prong 1 — national importanceestablished
“the Director should determine whether there is sufficient and consistent information concerning the nature of the Petitioner's proposed future endeavor”
“a petitioner must identify "the specific endeavor that the foreign national proposes to undertake."”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“The letter does not address his prior statements regarding his intention to either continue working in academia or obtain a position at the Food and Drug Administration.”
AAO decision text
Where this case turned
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
Notable
AAO remands because the Director skipped the threshold EB-2 determination and prong 1 analysis entirely; the decision highlights inconsistency between the petitioner's stated endeavor (research) and evidence suggesting an active job search for a tenure-track or FDA position, which AAO notes is not the purpose of an NIW.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- INA 203(b)(2)
- Poursina v. USCIS
What this case teaches
Analyst reading of the decision text.
The Director failed to first determine EB-2 eligibility or clearly identify the specific proposed endeavor, an inconsistency (teaching vs. research vs. job search) requiring remand before any national importance analysis could proceed.
Define one consistent, specific endeavor early and throughout the record; avoid conflating job-search plans or teaching duties with a concrete proposed undertaking.
vague
field_advancement · economic_growth_generic
person_focused
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