The Beneficiary proposed to continue working as a principal data scientist for a digital marketing and media company, developing algorithms, data mapping systems, and text-embedding tools to create data classification and recommendation systems aimed at improving consumer behavior analytics across digital marketing, finance, healthcare, and e-commerce sectors.

Prong 1 — national importancenot established · dispositive

“they do not address his proposed undertaking and do not sufficiently explain how his proposed endeavor to continue to work for the Petitioner as a principal data scientist and participate in ongoing projects offer benefits that extend beyond his employer, their clients, and users of their digital marketing platforms”

“merely working in an important field is insufficient to establish the national importance of the proposed endeavor.”

“the Petitioner has not sufficiently demonstrated that the Beneficiary's proposed work activities would impact the U.S. economy, national security, finance, healthcare, or e-commerce sector more broadly rather than benefiting his employer, their clients, and users of their digital marketing platforms.”

“a shortage of qualified professionals alone is not sufficient to demonstrate eligibility for a national interest waiver.”

“the record does not contain sufficient supporting evidence. The Petitioner asserts that the Beneficiary's 'work has the potential to create a ripple effect, expanding the use of advanced technologies across various sectors'”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “they do not address his proposed undertaking and do not sufficiently explain how his proposed endeavor...offer benefits that extend beyond his employer, their clients, and users of their digital marketing platforms”

  AAO decision text
• other · discounted

  “the referenced U.S. government initiatives and implementing policies and guidelines illustrate the importance of developing and adopting artificial intelligence driven technologies...However, the Petitioner has not sufficiently demonstrated that the Beneficiary's proposed work activities would impact the U.S. economy...more broadly”

  AAO decision text
• other · discounted

  “the record does not contain any economic analysis from [expert]. The Petitioner submitted a 49-page document titled 'RFE Response Letter'...but this response letter does not provide the author(s)”

  AAO decision text
• resume experience · discounted

  “his education, training, skills, knowledge, professional experience, and past accomplishments are relevant under the second prong of Dhanasar...The first prong...focuses on the specific endeavor that the individual proposes to undertake.”

  AAO decision text
• other · discounted

  “the articles, industry reports, traffic analytics, and support letters may support the Beneficiary's professional achievements, contributions to his employer, and mentorship activities for his peers”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
• Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
• Local, not national scope · p1 — impact confined to clients / a region
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

The AAO noted that the purported 'independent expert economic analysis' was never actually submitted — only the expert's resume was in the record — and that a 49-page RFE response letter lacked identified authorship, undermining the Petitioner's claim of independent expert support. The AAO also explicitly noted that SCOPS had already conceded substantial merit under prong 1, making national importance the sole dispositive issue. P2 and P3 were expressly reserved without analysis per INS v. Bagamasbad.

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