remandedMAY272025_03B52032025-05-27 · appeal

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 vice president in statistical modeling at a brokerage/investment advisory firm, proposed to develop innovative statistical models and methodologies for longitudinal, functional, and time-to-event data, including shape-constrained functional data modeling and variable selection techniques for high-dimensional correlated data.

Field: statistics / biostatistics / financial data modeling · Read the decision (uscis.gov)

EB-2 threshold — addressed

SCOPS concluded, and AAO did not disturb, that the Petitioner established he is an advanced degree professional.

Prong 1 — national importanceestablished

“SCOPS did not specifically discuss any of the evidence submitted in support of this prong.”

“Without a specific discussion of the evidence, it is not apparent whether SCOPS considered all the evidence in concluding that the endeavor would not have national or global implications.”

AAO decision text

Prong 2 — well positionednot established

“based on the record, we question whether the Petitioner has met his burden to show he satisfies this prong.”

“the record is unclear as to how he specifically plans to pursue his proposed endeavor.”

“he has not presented evidence showing his current work has support, such as research funding, from relevant entities claiming interest in his specific endeavor.”

“Based on the record, the evidence does not appear to establish the Petitioner is well positioned to pursue the proposed endeavor.”

AAO decision text

How the evidence was treated

recommendation letter · ignored
“SCOPS did not specifically discuss any of the evidence submitted in support of this prong.”
AAO decision text
citations publications · discounted
“It does not appear that the Petitioner's comparison of his Google Scholar citation data in mathematics, therefore, accurately reflects the field.”
AAO decision text
funding · discounted
“he has not presented evidence showing his current work has support, such as research funding, from relevant entities claiming interest in his specific endeavor.”
AAO decision text
resume experience · discounted
“the record is unclear as to how he specifically plans to pursue his proposed endeavor.”
AAO decision text

Where this case turned

Funding absent · p2 — no documented funding or resources behind the plan
No progress evidence · p2 — no documented movement toward the endeavor since filing
Record of success insufficient · p2 — a claimed track record the documents do not establish

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Notable

AAO withdrew SCOPS' denial not because it affirmatively found the prongs unmet, but because SCOPS failed to discuss the record evidence at all in denying prong 1 and failed to explain its favorable finding on prong 2; AAO itself raised doubts about prong 2 sufficiency (citation mismatch, lack of funding/progress evidence) but expressly declined to resolve eligibility, remanding for a new first-line adjudication.

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. 103.3
Flores v. Garland
INA 203(b)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

SCOPS denied without discussing any record evidence on national importance or explaining its favorable prong-2 finding, violating the duty to fully explain denials under 8 C.F.R. 103.3(a)(1)(i), requiring remand.

Transferable lesson

Even where petitioner submits detailed endeavor evidence, ensure adjudicator's decision engages specific record evidence; failure to do so is independently reversible regardless of ultimate merits.

Endeavor framing

specific

National-importance theory

public_health · economic_growth_generic · field_advancement

Evidence targeting

mixed

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