electrical and computer engineering
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: The proposed endeavor has substantial merit and national importance
Evidence type: evidence regarding increasing use of IoT devices and wearable technology, potential applications, and critical and emerging technology areas
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“we conclude that the proposed endeavor has national importance.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well-positioned to advance the proposed endeavor based on his citation record and publications
Evidence type: publication history, citation record, recommendation letters
USCIS finding: INSUFFICIENT
“we conclude that the Petitioner has not established that he is well-positioned to advance the proposed endeavor”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: Waiving the job offer requirement would benefit the United States
Evidence type: no specific evidence provided
USCIS finding: INSUFFICIENT
“the record does not satisfy the third prong”
Decision PDF, p. 5Open 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 publication history, citation record, recommendation letters insufficient to establish that the Petitioner is well-positioned to advance the proposed endeavor based on his citation record and publications. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's no specific evidence provided insufficient to establish that waiving the job offer requirement 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?