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sustained EB-2 (NIW)

Data Scientist

Earth, Environmental And Planetary Science · 2024-11-04

Decision Date
2024-11-04
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The Petitioner proposes to continue her work using dynamical theories to analyze the intensity and duration of global warming-induced extreme climate patterns. This involves utilizing climate modeling and data analysis to evaluate the effects of climate change and develop more accurate climate prediction methods.

Framework Evaluation

3 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Met

The proposed endeavor, focusing on analyzing global warming-induced extreme climate patterns, was found to have substantial merit and national importance due to its potential to mitigate climate change effects.

2 The individual is well-positioned to advance their proposed endeavor Met

The petitioner was found well-positioned based on her Ph.D., experience as a data scientist and researcher, and expert letters attesting to her skills and past research success.

3 On balance, waiving the job offer requirement would benefit the United States Met

Waiving the job offer was deemed beneficial due to the petitioner's advanced STEM degree, considerable experience in critical climate change research, and track record of significant contributions.

Why This Petition Was Approved

The appeal was sustained because the Petitioner met all three Dhanasar prongs. Prong 1 was met due to the substantial merit and national importance of her climate change research. Prong 2 was met as her Ph.D. in earth, environmental and planetary science, work history as a data scientist, journal articles, citation history, presentation abstract, and expert letters demonstrated she is well-positioned. Prong 3 was met because her advanced STEM degree and significant contributions to climate change research justify waiving the job offer requirement, aligning with USCIS policy for critical and emerging technologies.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Conference Presentations
Original Contributions
Government Alignment

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-04.

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At a Glance

Outcome sustained
Criteria Met 3 / 3
Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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