computer science
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: proposed endeavor has national importance
Evidence type: personal statement, support letters, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not include sufficient information with which to determine how they differ”
Decision PDF, p. 4Open source PDF
Petitioner argued: research would impact national government policies and advance AI
Evidence type: broad claims without corroborating evidence
USCIS finding: INSUFFICIENT
“The Petitioner makes broad claims, without corroborating evidence, that his research would impact national government policies and advance the field of artificial intelligence.”
Decision PDF, p. 5Open source PDF
Petitioner argued: research would have broader implications
Evidence type: support letters, personal statement
USCIS finding: INSUFFICIENT
“He has not provided evidence to support his claims that his specific proposed research projects would advance his field more broadly”
Decision PDF, p. 6Open 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 personal statement, support letters, articles insufficient to establish that proposed endeavor has 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?