law and technology
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 aligns with government initiatives and thus has national importance.
Evidence type: government initiative evidence
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“While this evidence supports the Petitioner's statements about government support in the advancement of AI and its use in the legal profession, it does not further the Petitioner's claim of her proposed endeavor's national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: personal statement, business plan, letters of support, articles
USCIS finding: INSUFFICIENT
“the record does not contain sufficient evidence to support the Petitioner's assertions of the national or global impact of her proposed endeavor on AI or the legal field.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects through job creation and revenue.
Evidence type: business plan projections
USCIS finding: INSUFFICIENT
“the record does not provide evidentiary support for the stated financial projections to demonstrate how these numbers were calculated, details regarding the basis for these projections, or adequately explain how these staffing and revenue targets will be realized.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor supports economic revitalization through Opportunity Zones.
Evidence type: information about opportunity zone program
USCIS finding: INSUFFICIENT
“the Petitioner has not offered sufficient evidence that her business will be located in an opportunity zone, participate in the program, or how it will impact an opportunity zone community in a way that could result in 'substantial positive economic effects.'”
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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's government initiative evidence insufficient to establish that the proposed endeavor aligns with government initiatives and thus has 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?