vehicle simulators and virtual reality
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it will impact the broader field by creating a company that will provide virtual reality experiences.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Though the beneficiary's intent may be to impact the broader field by creating a company that will provide virtual reality experiences to deliver a highly realistic immersive experience for participants, the past record and the potential prospective impact of the proposed endeavor point to a single impact with a company.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: On balance, waiving the job offer requirement would benefit the United States.
Evidence type: not specified
USCIS finding: INSUFFICIENT
“SCOPS also concluded that the Petitioner had not shown that "on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification."”
Decision PDF, p. 2Open 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 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 business plan insufficient to establish that the proposed endeavor has national importance because it will impact the broader field by creating a company that will provide virtual reality experiences.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's not specified insufficient to establish that on balance, 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?