advanced computing
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 will have substantial positive economic effects through job creation and expansion.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's business plan does not elaborate on its employment and financial projections; they are not supported by details showing their basis or an explanation as to how they will be achieved.”
page not extractedOpen source PDF
Petitioner argued: The proposed endeavor has national importance due to its alignment with U.S. priorities and potential for sector-wide impact.
Evidence type: business plan, letters of support, governmental fact sheets
USCIS finding: INSUFFICIENT
“the letters of support assert that the national importance of the Petitioner's proposed endeavor exists in its potential to "enhance efficiency, scalability, and sustainability" in key sectors, its potential for "scientific discovery and operational improvements," and the fostering of "research, innovation, and collaboration." However, the authors do not detail exactly how the Petitioner's specific endeavor would meet this potential or even foster research and innovation, to the level of 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 business plan insufficient to establish that the proposed endeavor will have substantial positive economic effects through job creation and expansion.. 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?