computer science

EB-2 National Interest Waiver — Merits Decision

2026-01-08·REMANDED·IN RE: 40797978

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

NOT_DISCUSSED

Petitioner argued: proposed endeavor has substantial merit and national importance

Evidence type: letters from experts and scholarly articles

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

we agree that the Petitioner has established the substantial merit of her proposed endeavor.

Decision PDF, p. 2Open source PDF

Petitioner argued: proposed endeavor has national importance

Evidence type: not specified

USCIS finding: INSUFFICIENT

SCOPS concluded that the evidence did not show that the Petitioner's proposed endeavor is of national importance.

Decision PDF, p. 2Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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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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?
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