software engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor is nationally important because it aligns with federal government goals and executive orders promoting U.S. manufacturing.
Evidence type: executive orders, White House fact sheets, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the White House fact sheets, executive orders, and articles about the field do not discuss the Petitioner, the Beneficiary, or the proposed endeavor specifically.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The opinion letter supports the national importance of the proposed endeavor.
Evidence type: opinion letter
USCIS finding: INSUFFICIENT
“the opinion letter is of little probative value as it primarily repeats the Petitioner's claims about the importance of related fields in general, rather than credibly describing the potential prospective impact of the Beneficiary's proposed endeavor.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance because it supports U.S. manufacturing and involves advanced manufacturing technologies.
Evidence type: company product documentation, customer list, market position evidence
USCIS finding: INSUFFICIENT
“the evidence in the record related to the Petitioner's products, its customers, and its position in the market is not sufficient to demonstrate that the Beneficiary's specific endeavor is of national importance.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDWhat 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 national importance. 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 1 (substantial merit & national importance), USCIS found the petitioner's executive orders, White House fact sheets, articles insufficient to establish that the proposed endeavor is nationally important because it aligns with federal government goals and executive orders promoting U.S. manufacturing.. 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?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?