applied and computational mathematics

EB-2 National Interest Waiver — Merits Decision

2025-11-18·DISMISSED·IN RE: 40304182

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: proposed endeavor aligns with national government initiatives and critical technologies

Evidence type: policy references, personal statement

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

The Petitioner has not sufficiently detailed his proposed research or provided supporting evidence to allow us to understand how it would advance STEM technologies with sufficiently broad potential implications for his field rising to the level of national importance.

Decision PDF, p. 6Open source PDF

Petitioner argued: proposed endeavor has national importance due to impact on climate models, cancer research, energy, aerospace, etc.

Evidence type: letters of recommendation, personal statement

USCIS finding: INSUFFICIENT

the Petitioner provided insufficient detail and documentation to substantiate that his proposed endeavor would have this wide-ranging impact on U.S. society.

Decision PDF, p. 4Open 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 policy references, personal statement insufficient to establish that proposed endeavor aligns with national government initiatives and critical technologies. 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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