information technology (IT)…
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: expert opinion letter supports national importance
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“they provide little persuasive evidence to establish the national importance of the Petitioner's proposed endeavor”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to its impact on U.S. economic resilience, cybersecurity, and SME competitiveness
Evidence type: articles and general statements
USCIS finding: INSUFFICIENT
“these documents provide only general background information and do not specifically relate to or discuss the Petitioner's proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor will have substantial positive economic effects
Evidence type: conclusory statements
USCIS finding: INSUFFICIENT
“the record lacks sufficient evidence that these gains would be significant enough to establish his proposed endeavor's national importance”
Decision PDF, p. 4Open source PDF
Petitioner argued: training programs will help close the IT skills gap and support workforce development
Evidence type: petitioner's statements
USCIS finding: INSUFFICIENT
“the Petitioner also has not shown how his training activities for internal teams at his client companies would sufficiently extend beyond the individuals he trains”
Decision PDF, p. 5Open 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 expert opinion letter insufficient to establish that expert opinion letter supports 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?