Date of Decision: September 21, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Advanced Data Analytics and Machine Learning
Petitioner Information
Profession: Statistical Data Analyst
Field: Advanced Data Analytics, Machine Learning, and Algorithm Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that her work in advanced data analytics and machine learning has substantial merit and national importance. Her contributions to data analytics techniques applied in various industries, including government-funded projects, have significant implications for these fields.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show she was well-positioned to advance her proposed endeavor. Although documentation of her academic credentials, research contributions, and letters of support were submitted, these did not convincingly demonstrate her capacity to significantly influence or advance the fields of data analytics and machine learning.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in her contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue her research and development in advanced data analytics and machine learning algorithms. Her goal was to contribute to these fields through her work in both academic and industry settings.
Substantial Merit and National Importance:
The petitioner’s work in data analytics and machine learning was recognized for its substantial merit and national importance due to its potential to improve various industries. Her research has broader implications as it is applied to projects funded by U.S. government agencies.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that her work would contribute to the United States by enhancing data analytics techniques. However, she did not provide sufficient evidence to support the claim that her contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted her curriculum vitae, academic credentials, research contributions, and letters of support. However, these documents did not adequately demonstrate her ability to significantly impact her field. The letters from colleagues praised her work but did not provide concrete examples of her research being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about her influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that her work had been widely adopted or recognized in the field of data analytics and machine learning.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised her work but did not adequately demonstrate her significant impact in the field.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The petitioner did not meet the criteria for demonstrating that she is well-positioned to advance her proposed endeavor or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support her claims of substantial impact and national importance.
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