biomedical engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: medical imaging research
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“Based upon the probative and credible evidence in the record regarding medical imaging to enhance disease management, diagnostic accuracy, and prognostic proficiency, as well as the potential for further research and development in this area to broadly impact the field of medical technology, the Petitioner's proposed endeavor has both substantial merit and national importance.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: plan for future activities
Evidence type: job offer or communications
USCIS finding: INSUFFICIENT
“the record does not contain evidence, other than the Petitioner's own statement, related to obtaining this position, such as a job offer letter or other information about the position.”
Decision PDF, p. 4Open source PDF
Petitioner argued: record of success
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters merely claim significance of her work and explain the mechanics of her research but do not sufficiently demonstrate how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success beyond having been cited by others in their published works.”
Decision PDF, p. 3Open source PDF
Petitioner argued: interest from relevant entities
Evidence type: grant acknowledgements
USCIS finding: INSUFFICIENT
“the record does not establish the parameters of these grant awards or show whether the Petitioner applied for and received this funding for her research.”
Decision PDF, p. 4Open source PDF
Petitioner argued: well-positioned to advance the proposed endeavor
Evidence type: education, publications, citations
USCIS finding: INSUFFICIENT
“the Petitioner's knowledge and skills, as demonstrated by her education, publication, and citation record, are positive factors. However, they are not sufficient to overcome the lack of evidence demonstrating the Petitioner's record of success in related efforts, model or plan for future activities, her progress toward achieving the endeavor, or interest from potential investors or other relevant entities.”
Decision PDF, p. 5Open 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 job offer or communications insufficient to establish that plan for future activities. 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?