data science
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations (SCOPS)
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it mitigates labor shortages, increases economic productivity, amplifies the reach and effectiveness of governmental initiatives, and improves individual lives.
Evidence type: personal statements, expert opinion letter, letters of recommendation, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's statements, expert opinion letter, and letters of recommendation lack sufficient probative detail and instead provide only general assertions regarding the contributions the proposed endeavor may make to his company's target audiences or the broader workforce in general.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it has significant potential to employ U.S. workers or has other substantial positive economic effects.
Evidence type: personal statements, expert opinion letter, letters of recommendation
USCIS finding: INSUFFICIENT
“the generalized conclusions in his statement and the letters are insufficient to demonstrate that continuing his employment with his company would have substantial positive economic effects, particularly in an economically depressed area, or that the proposed endeavor has significant potential to employ U.S. workers rather than increasing revenue for his company.”
Decision PDF, p. 4Open 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 personal statements, expert opinion letter, letters of recommendation, articles insufficient to establish that the proposed endeavor has national importance because it mitigates labor shortages, increases economic productivity, amplifies the reach and effectiveness of governmental initiatives, and improves individual lives.. 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?