software development
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner has a record of success and is well positioned to advance his proposed endeavor.
Evidence type: letters of support, citation record, conference presentations
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not sufficiently establish that the Petitioner is well-positioned to advance his proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The Petitioner's research has generated interest from potential users or investors.
Evidence type: letters of support, petitioner's statements
USCIS finding: INSUFFICIENT
“the record does not demonstrate that the Petitioner has generated interest in his proposed endeavor among potential customers, users, investors, or other relevant entities or individuals.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner has a plan to continue his research while employed.
Evidence type: petitioner's statements
USCIS finding: INSUFFICIENT
“the Petitioner has not provided sufficient documentation detailing how he plans to carry out his proposed research activities.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The Petitioner's advanced degree and citation record demonstrate he is well positioned.
Evidence type: degree, citation record
USCIS finding: INSUFFICIENT
“a master's degree and a record of conference publications are not, on their own, sufficient to demonstrate that the Petitioner is particularly well positioned to advance the proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's research has been utilized by other researchers.
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“that evidence is not sufficient to demonstrate that the Petitioner has made progress toward enacting his specific endeavor to 'enhance vehicle safety and efficiency through artificial intelligence-driven solutions.'”
Decision PDF, p. 3Open source PDF
Prong 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 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 letters of support, citation record, conference presentations insufficient to establish that the Petitioner has a record of success and is well positioned to advance his proposed endeavor.. 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?