Computer Science (automotive…
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
PASSPetitioner argued: proposed research has substantial merit and national importance
Evidence type: letters of support, documentation of broader implications
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“she has established that she meets the first prong of the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor
Evidence type: curriculum vitae, master's degree, association memberships, professional certificates, student awards, programming projects, student competitions, published work, peer review service, citation record, letters of support
USCIS finding: INSUFFICIENT
“she has not demonstrated that her graduate work constitutes a record of success or progress in automotive cybersecurity research rendering her well positioned to advance her proposed endeavor”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would benefit the United States
Evidence type: information about cybersecurity threats, national shortage argument, alignment with National Cybersecurity Strategy
USCIS finding: INSUFFICIENT
“the evidence in the aggregate, however, is not sufficient to show that a national interest waiver outweighs the benefits inherent to the labor certification process”
Decision PDF, p. 7Open 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 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 curriculum vitae, master's degree, association memberships, professional certificates, student awards, programming projects, student competitions, published work, peer review service, citation record, letters of support insufficient to establish that well positioned to advance proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's information about cybersecurity threats, national shortage argument, alignment with National Cybersecurity Strategy insufficient to establish that waiver would benefit the United States. 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?