computer science
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
NOT_DISCUSSEDPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: support letters, government materials, articles, publication and citation record
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“we agree that SCOPS' denial decision does not include sufficient analysis as to whether the Petitioner's proposed endeavor has substantial merit or national importance.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: not specified
USCIS finding: NOT_DISCUSSED
“SCOPS should correct this error and clearly indicate its determination as to whether or not the Petitioner is well positioned to advance the proposed endeavor”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: on balance, waiver would benefit the United States
Evidence type: not specified
USCIS finding: NOT_DISCUSSED
“The Director should also fully analyze the third prong of Dhanasar, as necessary, based on their determinations with respect to the first and second prongs discussed above”
Decision PDF, p. 3Open source PDF
What this decision can’t tell you
This decision comes from a case that was denied and then appealed. Every case here is in that position — it cannot be used to estimate an overall approval rate, and it cannot predict the outcome of any individual case, including yours. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision discussed computer science. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- What in my own case most resembles the specific facts USCIS focused on in this decision?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?