software engineering and systems…
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
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor
Evidence type: letters of support
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the letters specifically state that there is no formal commitment to his proposed endeavor.”
Decision PDF, p. 5Open source PDF
Petitioner argued: interest of potential customers, users, investors
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“the record lacks evidence of investment of funds or steps taken by these individuals or associated entities after voicing their initial positive reception”
Decision PDF, p. 5Open source PDF
Petitioner argued: progress towards achieving proposed endeavor
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record does not confirm that the Petitioner has reached any of the specified milestones”
Decision PDF, p. 6Open source PDF
Petitioner argued: record of success in similar efforts
Evidence type: scholarly article
USCIS finding: INSUFFICIENT
“the record does not demonstrate the significance of the Petitioner's published work, because it lacks evidence confirming citations to his article, or reliance or adaptation of his research by others.”
Decision PDF, p. 4Open 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 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 letters of support insufficient to establish that well positioned to advance 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?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?