electrical and 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: research will be disseminated through journals and conferences
Evidence type: personal statements
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner does not provide sufficient detail regarding her proposed research to demonstrate its prospective national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: research has national importance due to applications in critical and emerging technologies
Evidence type: articles and background material
USCIS finding: INSUFFICIENT
“the record does not demonstrate how the Petitioner's proposed endeavor will advance CETs to result in national or global implications within a particular field.”
Decision PDF, p. 5Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: education and knowledge demonstrate well-positioned
Evidence type: degrees
USCIS finding: ACCEPTED
“The Petitioner has demonstrated that she holds a U.S. master's degree in electrical and computer engineering, which relates to her proposed research.”
Decision PDF, p. 5Open source PDF
Petitioner argued: support letter demonstrates influence
Evidence type: letter of recommendation
USCIS finding: INSUFFICIENT
“the author does not provide sufficient detail of how the Petitioner's contributions have been significant, impacted the field, and created discourse among others in the field.”
Decision PDF, p. 7Open source PDF
Petitioner argued: citation record demonstrates record of success
Evidence type: Google Scholar profile
USCIS finding: INSUFFICIENT
“she did not discuss the significance of the number of studies she published or provide context for how being cited 204 times equates to a record of success or progress in achieving her proposed endeavor.”
Decision PDF, p. 6Open 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 personal statements insufficient to establish that research will be disseminated through journals and conferences. 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 letter of recommendation insufficient to establish that support letter demonstrates influence. 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?