computer science and engineering
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
FAILPetitioner argued: The proposed endeavor has substantial merit and national importance
Evidence type: cover letter and personal statement
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner's broad, general claims do not satisfy the requirement of a specific proposed endeavor pursuant to Dhanasar.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The individual is well-positioned to advance the proposed endeavor
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“recommendation letters that mainly discussed the Petitioner's prior work and accomplishments ... without sufficiently expanding on his prospective work.”
page not extractedOpen source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: On balance, waiving the job offer requirement would benefit the United States
Evidence type: none
USCIS finding: INSUFFICIENT
“Without a specific proposed endeavor, a determination cannot be made whether the endeavor has substantial merit and national importance (prong one), that the Petitioner is well-positioned to advance the endeavor (prong two), and on balance, waiving the job offer requirement would benefit the United States (prong three).”
Decision PDF, p. 3Open 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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's cover letter and personal statement insufficient to establish that the proposed endeavor has substantial merit and national importance. 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 recommendation letters insufficient to establish that the individual is well-positioned to advance the proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's none insufficient to establish that on balance, waiving the job offer requirement would benefit the United States. What would make comparable evidence in my own case more persuasive?