NIW Bearings
dismissedJAN222026_04B52032026-01-22 · appeal · SCOPS 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 proposes to develop multivariate temporal models using artificial intelligence to forecast future events in high-dimensional dynamic systems, including gene regulatory networks and socioeconomic environments, with results disseminated through peer-reviewed publications and open-source repositories.

Field: data science / biostatistics / AI temporal modeling · Read the decision (uscis.gov)

Prong 1 — national importancenot established

to the extent that the Petitioner's endeavor involves her employment as a senior manager of data science at [employer], we do not agree that this work is of national importance
the record does not show that the benefits of this work would result in broader implications beyond the benefits to her employer

AAO decision text

Prong 2 — well positionednot established · dispositive

the record lacks evidence that the Petitioner's work has resulted in real-world applications or influenced academic or industry practices
citation metrics alone are not determinative of the Petitioner's ability to advance the proposed endeavor in the future
the record does not indicate that she has participated in externally funded research projects, served as a primary or principal investigator on a funded project, or secured independent funding
they do not offer sufficient, detailed, and concrete examples of how the Petitioner's work has been adopted, applied in practical settings, or changed the course of other research efforts
a degree, in and of itself, is not a basis to determine that a person is well positioned to advance the proposed endeavor

AAO decision text

How the evidence was treated

  • citations publications · discounted
    citation metrics alone are not determinative of the Petitioner's ability to advance the proposed endeavor in the future
    AAO decision text
  • recommendation letter · discounted
    they do not offer sufficient, detailed, and concrete examples of how the Petitioner's work has been adopted, applied in practical settings
    AAO decision text
  • resume experience · discounted
    the record does not sufficiently establish how the Petitioner would pursue her endeavor independently outside the scope of her current role
    AAO decision text
  • other · discounted
    the evidence does not establish that the Petitioner's research endeavor is independent of her employment
    AAO decision text
  • degree · credited

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Local, not national scope · p1impact confined to clients / a region
  • Citations insufficient · p2citation counts without qualitative account of impact
  • Education alone insufficient · p2degrees offered as positioning — credentials are not a track record
  • Funding absent · p2no documented funding or resources behind the plan
  • Letters conclusory · p2letters praise skills in general terms without tracing specific impact
  • No progress evidence · p2no documented movement toward the endeavor since filing
  • Record of success insufficient · p2a claimed track record the documents do not establish
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Notable

The AAO partially reversed SCOPS on prong 1 (finding national importance established for the research component) but then introduced a carve-out: to the extent the endeavor involves the Petitioner's employer-specific work as a senior manager of data science, it does not rise to national importance. The AAO also reversed SCOPS on prong 2, finding the Petitioner NOT well positioned despite SCOPS having found she was. The conclusion section erroneously states the Petitioner failed prong 1 (national importance), but the dispositive holding in the analysis is the prong 2 failure; this internal inconsistency is notable. The decision also emphasizes the absence of self-citation disclosure as a basis to discount citation metrics.

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