advanced computing
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance due to its impact on advanced computing and the U.S. economy.
Evidence type: broad claims of economic impact, past accomplishments
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's focus when asserting national importance was on the general value of the Beneficiary's asserted field and a shortage of workers therein, but it did not sufficiently demonstrate that his specific employment would likely have a broad impact at a national level leading to breakthrough technologies in the digital entertainment industry or cloud infrastructure, as claimed.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSProng 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: The Beneficiary's work in critical and emerging STEM technology warrants a waiver.
Evidence type: advanced STEM degree, work in critical and emerging technology, well positioned
USCIS finding: INSUFFICIENT
“the Director's analysis on the third prong did not sufficiently address the guidance specifically provided by the USCIS Policy Manual with respect to those asserting a beneficiary's eligibility with a proposed endeavor advancing a critical and emerging technology in a STEM field”
Decision PDF, p. 4Open 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 broad claims of economic impact, past accomplishments insufficient to establish that the proposed endeavor has national importance due to its impact on advanced computing and the U.S. economy.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's advanced STEM degree, work in critical and emerging technology, well positioned insufficient to establish that the Beneficiary's work in critical and emerging STEM technology warrants a waiver.. 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?