artificial intelligence and 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
PASSPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: letters of support, documentation of broader implications
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“he has established that he meets the first prong of the Dhanasar framework.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: citation record demonstrates impact
Evidence type: Google Scholar profiles, Clarivate Analytics data
USCIS finding: INSUFFICIENT
“the Petitioner's comparison of his citation number in his field with information regarding citation in the larger field of computer science does not sufficiently establish the level of his success or impact”
page not extractedOpen source PDF
Petitioner argued: well positioned to advance proposed endeavor
Evidence type: curriculum vitae, doctoral degree, published work, citation metrics, letters of support
USCIS finding: INSUFFICIENT
“the evidence is insufficient to demonstrate that the Petitioner is well positioned to advance his proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: future research projects will be pursued
Evidence type: statement of intent, employment letter
USCIS finding: INSUFFICIENT
“he does not elaborate on how their future AI research projects will be funded”
Decision PDF, p. 7Open 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 Google Scholar profiles, Clarivate Analytics data insufficient to establish that citation record demonstrates impact. 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?