artificial intelligence cybersecurity
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: endeavor aligns with national initiatives on cybersecurity
Evidence type: government initiatives
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to potential to address cybersecurity shortage, contribute to innovation, economic benefits, job creation, and align with national initiatives
Evidence type: business plan, recommendation letters, national initiatives
USCIS finding: INSUFFICIENT
“the Petitioner has not sufficiently detailed his specific proposed endeavor or provided evidence demonstrating its potential prospective impact is commensurate with national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: business will create jobs and have economic impact
Evidence type: business plan projections
USCIS finding: INSUFFICIENT
“the record lacks evidence showing that creating 25 direct jobs and paying over seven million dollars in taxes by its fifth year in business rises to the level of national importance.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 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 government initiatives insufficient to establish that endeavor aligns with national initiatives on cybersecurity. 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?