NIW Bearings
dismissedMAR172026_01B52032026-03-17 · 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, proposed to develop advanced mathematical programming and machine-learning-driven solutions for large-scale real-life decision-making problems to improve industrial efficiency, drawing on expertise in bi-level optimization, interdiction modeling, and generative AI.

Field: industrial engineering / operations research / data science · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS found and AAO confirmed the Petitioner qualifies as a member of the professions holding an advanced degree (Ph.D. in Industrial Engineering); threshold not at issue on appeal.

Prong 1 — national importanceestablished

As the Petitioner has demonstrated both the substantial merit and national importance of her proposed research, she has established that she meets the first prong of the Dhanasar framework.

AAO decision text

Prong 2 — well positionednot established · dispositive

he did not elaborate on the extent to which her specific work has been utilized in the industrial engineering field.
she has not demonstrated that her participation in the widespread peer review process represents a record of success in her field
Without statistical evidence or other objective metrics comparing the number of citations received by the Petitioner's articles with others in her field, she has not demonstrated her work has garnered interest at a level consistent with being well positioned
The articles in the record cite to her work as an example of research done in the field or in their introduction section as part of an overview of current research, but none highlight or comment upon her research in a way that demonstrates she is well positioned
while her Ph.D. renders her eligible for the underlying EB-2 visa classification, she has not shown that her academic accomplishments by themselves are sufficient to demonstrate that she is well positioned
the record does not show that the Petitioner's record of obtaining research funding renders her well positioned.
she has not demonstrated the significance of her awards and their level of prestige in the field of industrial engineering

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    she did not offer specific examples of how the Petitioner's work has affected industrial engineering applications, or otherwise shows success or progress at a level that renders her well positioned
    AAO decision text
  • citations publications · discounted
    Without statistical evidence or other objective metrics comparing the number of citations received by the Petitioner's articles with others in her field, she has not demonstrated her work has garnered interest at a level consistent with being well positioned
    AAO decision text
  • resume experience · discounted
    she has not shown that this work renders her well positioned to advance her proposed endeavor
    AAO decision text
  • awards · discounted
    she has not demonstrated the significance of her awards and their level of prestige in the field of industrial engineering
    AAO decision text
  • degree · discounted
    while her Ph.D. renders her eligible for the underlying EB-2 visa classification, she has not shown that her academic accomplishments by themselves are sufficient
    AAO decision text
All 7 evidence items
  • other · discounted
    she has not demonstrated, however, that her participation in the widespread peer review process represents a record of success in her field
    AAO decision text
  • funding · discounted
    the record does not show that the Petitioner's record of obtaining research funding renders her well positioned
    AAO decision text

Where this case turned

  • 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
249coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO reversed SCOPS on prong 1 (national importance), finding it satisfied, but affirmed denial on prong 2. The decision includes a notable comparison to the Dhanasar petitioner himself, rejecting the argument that the Petitioner's citation count exceeded Dr. Dhanasar's, clarifying that Dhanasar's well-positioned finding rested on funded government grants (NASA, AFRL) rather than citations. A potential postdoctoral offer from Dr. V-X-C- was noted but did not help because no funding details were provided.

Cases in adjacent profiles