NIW Bearings
dismissedNOV272024_01B52032024-11-27 · appeal · Nebraska 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 research scientist, proposed to continue developing optimization algorithms using mathematical modeling, machine learning, and privacy-enhancing techniques to improve the performance and privacy of online platforms in healthcare and computer-systems/digital-advertising domains.

Field: industrial and systems engineering / AI, machine learning, optimization, and data privacy · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found, and AAO did not disturb, that the Petitioner qualifies as an advanced degree professional based on his PhD.

Prong 1 — national importancenot established · dispositive

the Petitioner does not sufficiently separate the goals and objectives of his proposed endeavor from the goals and objectives that an employer or entity seeking out his services would expect.
The record does not contain distinct, detailed information explaining the Petitioner's proposed endeavor for conducting research in his field.
their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.
the evidence in the record does not convincingly demonstrate that his activities and research have national or even global impact in his field, or broader implications rising to a level of national importance.

AAO decision text

How the evidence was treated

  • degree · credited
  • recommendation letter · discounted
    the letters do not identify or address his specific proposed endeavor.
    AAO decision text
  • other · discounted
    it does not detail how the projects have national or global impact to the field or broader implications beyond its immediate influence to his employer and their clients.
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
746coded 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

The Petitioner argued the Director improperly conflated his employment with his proposed endeavor, citing Buletini v. INS as an abuse-of-discretion precedent; AAO rejected this, finding the endeavor and employment insufficiently distinguished. AAO also expressly declined to reach prongs 2 and 3, citing INS v. Bagamasbad and Matter of L-A-C-.

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.

  • Buletini v. INS
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of E-M-
  • Matter of L-A-C-

Cases in adjacent profiles