artificial-intelligence-driven…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSPetitioner argued: The proposed endeavor has national importance due to its alignment with national priorities and broader implications in the field.
Evidence type: U.S. Citizenship and Immigration Services (USCIS) policy, FAA publications, expert letters, media articles
USCIS finding: ACCEPTED
“The Petitioner has demonstrated that his specific endeavor of improving pilot training and air safety through development of Al-driven cognitive decision support tools for aerospace and aviation aligns with the White House's priority of improving technology relevant to air travel and air safety and would have national implications within the field.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner has a plan for future activities and potential customers.
Evidence type: business plan, expert letters
USCIS finding: INSUFFICIENT
“This expert did not commit to purchasing a product, but rather expressed openness to evaluating future products.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner is well-positioned to advance his proposed endeavor based on his education, skills, and experience.
Evidence type: resume, degrees, certificates, expert letters, business plan
USCIS finding: INSUFFICIENT
“The record does not establish that the Petitioner has a record of success in efforts related or similar to his proposed endeavor as a chief executive officer/chief technology officer.”
Decision PDF, p. 4Open 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's business plan, expert letters insufficient to establish that the Petitioner has a plan for future activities and potential customers.. 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?