artificial intelligence (AI)…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: letters of support, NSF funding, government reports
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“As the Petitioner has demonstrated both the substantial merit and national importance of his proposed endeavor, he has established that he meets the first prong of the Dhanasar framework.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well-positioned to advance proposed endeavor
Evidence type: education, work experience, publications, citations, funding
USCIS finding: INSUFFICIENT
“When viewing the totality of the record, we determine that it does not demonstrate that the Petitioner is well-positioned to advance his proposed endeavor, and he has not established that he satisfies the second prong of the Dhanasar framework.”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would benefit the United States
Evidence type: assertions of urgency, citations, future plans
USCIS finding: INSUFFICIENT
“For the reasons discussed, the Petitioner has not shown that it would be beneficial to waive the labor certification process.”
Decision PDF, p. 6Open 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 turned on whether the person was well-positioned to advance the endeavor. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's education, work experience, publications, citations, funding insufficient to establish that well-positioned to advance proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's assertions of urgency, citations, future plans insufficient to establish that waiver would benefit the United States. What would make comparable evidence in my own case more persuasive?
- What in my own case most resembles the specific facts USCIS focused on in this decision?