artificial intelligence (AI) algorithm…
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: not specified
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“SCOPS found the Petitioner eligible for EB-2 classification and that his proposed U.S. work has "substantial merit" and "national importance."”
Decision PDF, p. 1Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: not specified
USCIS finding: INSUFFICIENT
“SCOPS concluded that he did not demonstrate that he is "well positioned" to advance his proposed endeavor”
Decision PDF, p. 1Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: on balance, waiver would benefit the United States
Evidence type: not specified
USCIS finding: INSUFFICIENT
“or that, on balance, a waiver would benefit the United States.”
Decision PDF, p. 1Open 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 discussed artificial intelligence (AI) algorithm…. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- 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?