computer engineering
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 directly addresses the nation's strategic priorities for AI in healthcare and neurotechnology.
Evidence type: government documents
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“However, none of the documents specifically mention the Petitioner's name or his research work or discuss the government's interest in promoting the use of the Petitioner's work, such that it has "national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances" or otherwise has broader implications, such as "significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area."”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance as supported by expert letters.
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“However, the letters do not include persuasive and corroborating information about the Petitioner's proposed endeavor and its impact rising to the level of national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance because it elevates healthcare outcomes and agricultural productivity, thus bolstering public health and food security.
Evidence type: reports and data
USCIS finding: INSUFFICIENT
“The reports and data provide the North American smart sensors market's revenue and forecasts, healthcare expenditures caused by disabilities, and the importance of agriculture and related industries to the U.S. economy. ... However, they do not address the Petitioner's specific proposed endeavor and its impact rising to the level of national importance.”
page not extractedOpen 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 government documents insufficient to establish that the proposed endeavor directly addresses the nation's strategic priorities for AI in healthcare and neurotechnology.. 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?