data 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 has national importance due to its impact on critical U.S. economic, national security, and technological interests.
Evidence type: articles, reports, government documents, expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the same evidence does not adequately describe how the Petitioner's specific proposed endeavor demonstrates it has national or even global implications in the particular field”
Decision PDF, p. 4Open source PDF
Petitioner argued: The expert opinion letter supports the national importance of the endeavor.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the letter's content lacks relevance when it comes to the evaluation of whether the Petitioner's endeavor rises to a level of national importance”
Decision PDF, p. 6Open source PDF
Petitioner argued: The Beneficiary's work in managing ARR and EAR will support critical U.S. national economic interests and goals.
Evidence type: financial documents, letters from VP of BI and Analytics and VP Corporate Development
USCIS finding: INSUFFICIENT
“the evidence in the record does not materially, relevantly, or probatively demonstrate that the Petitioner's ongoing economic health and ability to engage in business growth activities in its field attributable to the Beneficiary's management of its ARR and EAR exerts national, or even global, implications”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Beneficiary is well positioned to advance the proposed endeavor because he is employed by the Petitioner.
Evidence type: employment with the Petitioner
USCIS finding: INSUFFICIENT
“the Petitioner does not sufficiently describe how the Beneficiary's employment with the Petitioner demonstrates his education, skill, knowledge, and record of success in related or similar efforts”
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 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 articles, reports, government documents, expert opinion letter insufficient to establish that the proposed endeavor has national importance due to its impact on critical U.S. economic, national security, and technological interests.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's employment with the Petitioner insufficient to establish that the Beneficiary is well positioned to advance the proposed endeavor because he is employed by the Petitioner.. 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?