AI and educational technology
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance due to alignment with federal priorities.
Evidence type: executive order and Department of Education policy
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not substantiate the Petitioner's discussion of an April 2025 executive order and the claimed Department of Education policy”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record does not establish the proposed endeavor has national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: Advances in educational technology are nationally significant.
Evidence type: conclusory statement
USCIS finding: INSUFFICIENT
“the Petitioner's conclusory statement on appeal that 'Advances in educational technology are, by their very nature, nationally significant' is unpersuasive.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has significant potential to employ U.S. workers.
Evidence type: business plan employment information
USCIS finding: INSUFFICIENT
“the record does not indicate the significance of employing the stated number of workers in the given occupational categories”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has potential to transform education at scale.
Evidence type: letters of recommendation and appreciation
USCIS finding: INSUFFICIENT
“they do not establish that the proposed endeavor may have national importance.”
Decision PDF, p. 5Open 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 executive order and Department of Education policy insufficient to establish that the proposed endeavor has national importance due to alignment with federal priorities.. 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?