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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: proposed endeavor has substantial merit and national importance
Evidence type: personal statements, articles, industry reports
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“Considering the totality ofthe evidence submitted, the Petitioner has sufficiently shown the substantial merit and national importance of his proposed endeavor.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor based on education, skills, record of success
Evidence type: resume, educational documents, publication and citation records, recommendation letters
USCIS finding: INSUFFICIENT
“the evidence supports SCOPS's conclusion that the Petitioner has not established he is well positioned to advance his proposed endeavor.”
Decision PDF, p. 2Open source PDF
Petitioner argued: publication record shows record of success
Evidence type: publication list
USCIS finding: INSUFFICIENT
“the record shows he has only published five articles between the years 2012 and 2024”
Decision PDF, p. 3Open source PDF
Petitioner argued: citation record shows influence
Evidence type: citation records
USCIS finding: INSUFFICIENT
“the record shows he has only published five articles with 27 total citations at the time of filing”
Decision PDF, p. 4Open source PDF
Petitioner argued: recommendation letters support record of success
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“they do not detail a record of success or progress in his efforts”
Decision PDF, p. 4Open source PDF
Petitioner argued: plan for future activities
Evidence type: job posting, personal statements
USCIS finding: INSUFFICIENT
“his lack of specificity as to how he will conduct and advance his research at an unknown employer's company in an undefined position is not sufficient”
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 resume, educational documents, publication and citation records, recommendation letters insufficient to establish that well positioned to advance proposed endeavor based on education, skills, record of success. 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?