NIW Bearings
dismissedMAR092026_02B52032026-03-09 · 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, a senior data scientist specializing in AI, proposed to continue working for his multinational employer designing and deploying AI-driven solutions—including generative AI, machine learning, and predictive analytics tools—to enhance enterprise efficiency, productivity, and decision-making.

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

EB-2 threshold — addressed

SCOPS determined, and AAO agreed, that the Petitioner qualifies as a professional holding an advanced degree (U.S. master's in data analytics plus foreign master's degrees).

Prong 1 — national importancenot established · dispositive

Benefits to a specific employer, alone—even an employer with a national footprint—are not sufficiently relevant to the question of whether an individual's endeavor has national importance.
the record does not contain evidence to illustrate how optimizing efficiencies for his employer-work that will 'directly support' his employer's operations-will lead to outcomes of the scope he describes.
Assertions concerning the wider impact of the company's sales and intelligence platform, however, are not corroborated.
it is not the proverbial value of the field in which an individual intends to work, but the particular endeavor an individual intends to pursue that we consider in assessing its national importance.
the Petitioner has not demonstrated that his endeavor to continue his work with his current employer will have a level of impact within his field on a scale commensurate with national importance.

AAO decision text

How the evidence was treated

  • other · discounted
    this documentation discusses a number of considerations and possibilities for AI usage, it does not provide clarity concerning how the Petitioner's specific endeavor to continue his work with his current employer will constitute an endeavor commensurate with national importance.
    AAO decision text
  • recommendation letter · discounted
    While the record demonstrates the Petitioner's value to his past and present employers, it does not include sufficient evidence to demonstrate how his specific work has implications for the use of AI to increase efficiency and productivity through 'ripple effects' that will impact a particular field or the economy on a broader scale.
    AAO decision text
  • other · discounted
    Assertions concerning the wider impact of the company's sales and intelligence platform, however, are not corroborated.
    AAO decision text
  • degree · credited

Where this case turned

  • Economic claims unsupported · p1job/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 · p1argues the field matters, not the specific endeavor
  • Local, not national scope · p1impact confined to clients / a region
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Notable

SCOPS had already found prong 1 (substantial merit) and prong 2 (well-positioned) satisfied; the AAO's dismissal rests solely on the national importance sub-element of prong 1. The AAO explicitly noted that the Petitioner's argument conflating his STEM credentials with national importance of the endeavor was misplaced, directing that education/skillset is a prong 2 consideration. An expert opinion letter from a principal at the data cloud company underlying the employer's platform was submitted but found insufficient to corroborate broader field-level impact.

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