computational biology / bioinformatics
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
FAILPetitioner argued: The proposed endeavor has national importance due to its potential to impact the field of bioinformatics and precision medicine.
Evidence type: articles, background material, support letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not established by a preponderance of the evidence that his proposed endeavor will have broader implications in the field, or substantial positive economic effects, particularly in an economically depressed area, to demonstrate its national importance and that he meets the requirements of Dhanasar 's first prong.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well positioned to advance his proposed endeavor based on his education, publications, citations, and letters of support.
Evidence type: degrees, peer review work, letters in support, published articles, citation history, notable citations, plan of proposed work
USCIS finding: INSUFFICIENT
“We therefore conclude that the Petitioner has not met his burden in establishing he is well positioned to advance his proposed endeavor by a preponderance of the evidence.”
Decision PDF, p. 7Open 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 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 articles, background material, support letters insufficient to establish that the proposed endeavor has national importance due to its potential to impact the field of bioinformatics and precision medicine.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's degrees, peer review work, letters in support, published articles, citation history, notable citations, plan of proposed work insufficient to establish that the Petitioner is well positioned to advance his proposed endeavor based on his education, publications, citations, and letters of support.. 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?