machine learning technology

EB-2 National Interest Waiver — Merits Decision

2025-06-23·DISMISSED·IN RE: 38595231

Underlying petition: DENIED ·

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: Funding from the Office of Naval Research's Multidisciplinary University Research Initiatives program indicates national importance.

Evidence type: funding information

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

the funding information submitted with the petition is a description of the request for proposal and lacks information regarding the project for which the Petitioner is being funded

Decision PDF, p. 4Open source PDF

Petitioner argued: The independent citation record demonstrates the impact of his contributions extends beyond his current employer and the AI field.

Evidence type: citation record

USCIS finding: INSUFFICIENT

the Petitioner does not explain the reasons for the citations.

page not extractedOpen source PDF

Petitioner argued: The endeavor will advance trusted AI ecosystems and foster globally interconnected research infrastructures, maintain U.S. leadership in ethical AI innovation, and amplify its economic and societal impact.

Evidence type: personal statement and citations

USCIS finding: INSUFFICIENT

the Petitioner does not provide support for these assertions and more specifically how his particular endeavor would have a national impact.

Decision PDF, p. 3Open 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

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's funding information insufficient to establish that funding from the Office of Naval Research's Multidisciplinary University Research Initiatives program indicates 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?
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