artificial intelligence / machine…
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
NOT_DISCUSSEDPetitioner argued: proposed endeavor has national importance
Evidence type: expert opinion letters, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“SCOPS concluded that the proposed endeavor did not have national importance but did not provide an analysis of the specific evidence in the record or explain its deficiencies in the decision.”
page not extractedOpen source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well-positioned to advance proposed endeavor
Evidence type: employment with current employer, Google Scholar record, peer-reviewed paper
USCIS finding: INSUFFICIENT
“SCOPS determined that the Petitioner did not demonstrate that "parties are interested in hiring or investing in his [proposed endeavor]" and "has not submitted nay evidence of a job offer or explained how they will continue their work in the United States."”
page not extractedOpen source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: waiver would benefit US
Evidence type: not specified
USCIS finding: INSUFFICIENT
“SCOPS concluded that the Petitioner "has not submitted documentary evidence that demonstrates that, on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification."”
Decision PDF, p. 5Open 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.
This decision discussed artificial intelligence / machine…. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?