electrical and computer engineering

EB-2 National Interest Waiver — Merits Decision

2025-03-04·DISMISSED·IN RE: 36338340

Underlying petition: DENIED · Nebraska Service Center

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

PASS

Petitioner argued: proposed research has substantial merit and national importance

Evidence type: recommendation letters, advisory opinions, articles

U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED

“we agree with the Director's conclusion that the Petitioner's proposed endeavor relating to his prospective research is both substantially meritorious and nationally important.”

Decision PDF, p. 4Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

FAIL

Petitioner argued: well positioned to advance proposed research

Evidence type: academic credentials, publications, peer review, funding, collaboration letters

USCIS finding: INSUFFICIENT

“he has not established that he is well positioned to advance his proposed research endeavor”

Decision PDF, p. 3Open source PDF

Prong 3 — Balancing the Waiver's Benefits

FAIL

Petitioner argued: waiver would benefit the United States

Evidence type: research plans, citation record, white paper

USCIS finding: INSUFFICIENT

“the Petitioner has not demonstrated that, on balance, it would be beneficial to the United States to waive the job offer requirement”

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 turned on whether the person was well-positioned to advance the endeavor. Describe your own work and see which decisions discussed the same issue.

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This decision turned on national importance — see the other 1,967 decisions that discussed the same issue →This decision turned on proposed endeavor specificity — see the other 333 decisions that discussed the same issue →This decision turned on well-positioned — see the other 271 decisions that discussed the same issue →

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Questions this raises for your lawyer

  • On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's academic credentials, publications, peer review, funding, collaboration letters insufficient to establish that well positioned to advance proposed research. What would make comparable evidence in my own case more persuasive?
  • On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's research plans, citation record, white paper 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?
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