software 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
FAILPetitioner argued: The proposed endeavor has national importance because it aligns with federal initiatives and has nationwide impact.
Evidence type: expert opinion letter, recommendation letters, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence in the record does not corroborate that the Petitioner had any direct involvement in software innovations beyond these specific projects and clients to which he was assigned by his employers.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well-positioned to advance the proposed endeavor due to his education and experience.
Evidence type: degree, employment history, letters, publication record
USCIS finding: INSUFFICIENT
“the record does not demonstrate sufficient progress, models or plans for his future activities, or interest in his work from relevant parties”
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 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 expert opinion letter, recommendation letters, articles insufficient to establish that the proposed endeavor has national importance because it aligns with federal initiatives and has nationwide impact.. 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 degree, employment history, letters, publication record insufficient to establish that the Petitioner is well-positioned to advance the proposed endeavor due to his education and experience.. 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?