EB-2 NIW USCIS Appeal Review – Data Scientist –Nigeria – APR292024_05B5203

Date of Decision: April 29, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Data Science

Petitioner Information

Profession: Data Scientist
Field: Data Science
Nationality: Nigerian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Approved

Evidentiary Criteria Analysis

Criteria Met:

  • Substantial Merit and National Importance: Demonstrated substantial merit in the fields of data science and analytics, crucial for data-driven decision making in various industries.
  • Well-Positioned to Advance: Shown through extensive experience, publications, and professional recommendations.

Criteria Not Met:

  • The Director initially determined that the petitioner did not sufficiently demonstrate that his endeavor is of national importance and that he is well-positioned to advance the proposed endeavor. However, this was overturned on appeal.

Key Points from the Decision

Proposed Endeavor:
The petitioner proposes to utilize his expertise in data analytics to advance the U.S. data science market, enhancing organizational competitiveness and decision-making capabilities.

Substantial Merit and National Importance:
The petitioner’s endeavor is significant in promoting data-driven strategies within major industries, vital for organizational resilience and competitive advantage.

Supporting Evidence:
The record includes a variety of supporting materials, such as a curriculum vitae, academic records, recommendation letters, and a publication in the Journal of Medical Internet Research, evidencing his capability and readiness.

Inconsistencies in Proposed Endeavor:
Initial concerns about the petitioner’s positioning and the national importance of his endeavor were addressed and refuted on appeal.

Supporting Documentation

Letters of Intent:
Not applicable as the petitioner continues employment with his current company.

Business Plan:
Not applicable.

Advisory Letter:
Letters from supervisors and industry leaders support his claim, highlighting his contributions and expertise in data science.

Any Other Supporting Documentation:
Included are academic publications and professional testimonials.

Conclusion

The final determination approved the appeal, recognizing the petitioner’s qualifications and the potential national benefit of his contributions to the U.S. data science sector.

Download the Full Petition Review Here


Igbo Clifford
Igbo Clifford

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