machine learning for advanced materials

EB-2 National Interest Waiver — Merits Decision

2026-04-13·DISMISSED·IN RE: 42236035

Underlying petition: DENIED ·

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: opinion letters support national importance

Evidence type: opinion letters

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

the opinion letters do not explain how the Petitioner's prior research forms the basis for his proposed endeavor and they do not otherwise discuss the potential impact of his proposed research endeavor.

Decision PDF, p. 6Open source PDF

Petitioner argued: proposed endeavor has national importance due to alignment with national initiatives and STEM

Evidence type: government reports and articles

USCIS finding: INSUFFICIENT

the Petitioner has not sufficiently detailed his proposed research or provided objective, probative supporting evidence to understand how it would advance national initiatives or STEM technologies with sufficiently broad potential implications of national importance.

Decision PDF, p. 6Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's opinion letters insufficient to establish that opinion letters support national importance. 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?
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