biostatistics
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: personal statement, peer-reviewed articles, citation records, industry reports, letters of support
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not show that the benefits of this work would result in broader implications beyond the benefits to her employer.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: academic records, publications, citations, letters of support
USCIS finding: INSUFFICIENT
“the record is insufficient to demonstrate that the Petitioner is well positioned to advance her proposed endeavor.”
Decision PDF, p. 7Open 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 personal statement, peer-reviewed articles, citation records, industry reports, letters of support insufficient to establish that 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 academic records, publications, citations, letters of support insufficient to establish that well positioned to advance the proposed endeavor. 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?