biomedical engineering

EB-2 National Interest Waiver — Merits Decision

2025-10-01·REMANDED·IN RE: 39397900

Underlying petition: DENIED ·

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

NOT_DISCUSSED

Petitioner argued: The proposed endeavor has substantial merit and national importance

Evidence type: personal statement

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

SCOPS conducted an analysis of the first and third prongs of the Dhanasar analytical framework and concluded that the Petitioner had not established a waiver of the requirement of a job offer

Decision PDF, p. 2Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

PASS

Petitioner argued: The individual is well-positioned to advance the proposed endeavor

Evidence type: not specified

USCIS finding: ACCEPTED

SCOPS concluded that the Petitioner met the second prong of the Dhanasar analytical framework.

Decision PDF, p. 2Open source PDF

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

Petitioner argued: On balance, waiving the job offer requirement would benefit the United States

Evidence type: not specified

USCIS finding: NOT_DISCUSSED

SCOPS conducted an analysis of the first and third prongs of the Dhanasar analytical framework and concluded that the Petitioner had not established a waiver of the requirement of a job offer

Decision PDF, p. 2Open source PDF

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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