computer science education

EB-2 National Interest Waiver — Merits Decision

2026-02-04·DISMISSED·IN RE: 41000441

Underlying petition: DENIED ·

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: proposed endeavor has national importance

Evidence type: statements, recommendation letters, articles, reports

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the Petitioner has not provided the level of specific details or documentation as required under Dhanasar to support her claims.

Decision PDF, p. 4Open source PDF

Petitioner argued: research will support national priorities in digital equity, CS for All, and workforce readiness

Evidence type: statement

USCIS finding: INSUFFICIENT

she has not provided evidence corroborating her claims.

Decision PDF, p. 4Open source PDF

Petitioner argued: research will have broader impact to her field or implications rising to national importance

Evidence type: recommendation letters

USCIS finding: INSUFFICIENT

her former advisors, however, do not identify or address her specific proposed endeavor.

Decision PDF, p. 6Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's statements, recommendation letters, articles, reports insufficient to establish that proposed endeavor has national importance. 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?
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