biostatistics and data science
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 is continuing biomedical and pharmaceutical research through conducting clinical trials developing non-opioid, non-addictive treatments
Evidence type: personal statement, evidence of employment
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence submitted in response to the RFE, instead of providing clarification as to the Petitioner's proposed endeavor as of the time of filing, described a new endeavor based upon the Petitioner's current employment developing and conducting clinical trials at a pharmaceutical company.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor is to continue work in biostatistics and data science research and their clinical applications
Evidence type: counsel statement, evidence of research
USCIS finding: INSUFFICIENT
“The Petitioner did not clearly define her proposed endeavor with the initial filing.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner is well-positioned to advance the proposed endeavor
Evidence type: education, research, employment
USCIS finding: INSUFFICIENT
“the record is insufficient to establish that she is well-positioned to advance it.”
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 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, evidence of employment insufficient to establish that proposed endeavor is continuing biomedical and pharmaceutical research through conducting clinical trials developing non-opioid, non-addictive treatments. 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 education, research, employment insufficient to establish that petitioner is 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?