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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
PASSProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner has a record of success based on his published works and citations.
Evidence type: citation counts and support letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the level of citations to these two claimed critical works appears rather modest, without evidence to the contrary, and he has not sufficiently established how citation to them reflects a record of success in his field.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's work has influenced other research teams.
Evidence type: support letters and articles
USCIS finding: INSUFFICIENT
“the record includes little documentary evidence to corroborate that the Petitioner's work was key in advancing the work of these research teams”
page not extractedOpen source PDF
Petitioner argued: The Petitioner has interest from U.S. government entities.
Evidence type: letter from Dr. H-H
USCIS finding: INSUFFICIENT
“this letter does not reflect specific interest from ... in advancing, implementing, or supporting the Petitioner's work, but only indicates a fellow colleague's familiarity and admiration for his research.”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: The Petitioner's work is of urgent national interest.
Evidence type: general statements about benefits
USCIS finding: INSUFFICIENT
“this documentation is insufficient to show that the national interest is better served by a waiver of the job offer and thus the labor certification requirement.”
Decision PDF, p. 7Open 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's citation counts and support letters insufficient to establish that the Petitioner has a record of success based on his published works and citations.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's general statements about benefits insufficient to establish that the Petitioner's work is of urgent national interest.. 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?