software 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 Petitioner's work has applications for national security and is of national importance.
Evidence type: letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record lacks sufficient probative, credible documentary evidence to demonstrate that the Petitioner's proposed endeavor has the potential to impact the field of edge AI, or national security, at a level commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's proposed endeavor is similar to that in Dhanasar and has national importance.
Evidence type: scholarly articles and reports
USCIS finding: INSUFFICIENT
“Although the Petitioner submitted scholarly articles about his area of research and letters of support from his employer that claim that his work is of national importance, the record lacks the type of credible, probative evidence we found persuasive in Matter of Dhanasar.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's work is integral to U.S. Army competitions and national security.
Evidence type: evidence of company participation in U.S. Army challenges
USCIS finding: INSUFFICIENT
“The evidence does not show that the Petitioner's specific area of research, edge AI computing, has been integral to [company] participation in these competitions or the company's presented solutions, or that this area of research has been a particular focus of these competitions.”
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.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's letters of recommendation insufficient to establish that the Petitioner's work has applications for national security and is of 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?