computer science / software development
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: proposed endeavor has national importance
Evidence type: opinion letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the opinion letters ... provide conclusory statements ... they bear minimal probative value”
page not extractedOpen source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: personal statements
USCIS finding: INSUFFICIENT
“Neither the Petitioner's personal statements nor the remainder of the record provide probative, objective information regarding how the specific endeavor ... may have national or even global implications”
page not extractedOpen source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: publications
USCIS finding: INSUFFICIENT
“the publications ... do not discuss the Petitioner, the specific endeavor he proposes to undertake, and how the specific endeavor may have national importance.”
Decision PDF, p. 3Open 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 opinion letters insufficient to establish that proposed endeavor 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?