cybersecurity and intellectual property
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
FAILPetitioner argued: disseminating knowledge through trainings and publications will have broader impact
Evidence type: petitioner's statements
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's intent to transfer his professional knowledge to others does not demonstrate an impact on the cybersecurity industry more broadly or rise to the level of national importance as contemplated by Dhanasar.”
Decision PDF, p. 7Open source PDF
Petitioner argued: endeavor aligns with national initiatives
Evidence type: U.S. government policies and industry reports
USCIS finding: INSUFFICIENT
“their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: business plan, industry articles, government initiatives, recommendation letters, independent opinion letters
Petitioner argued: business will create jobs and have substantial positive economic effects
Evidence type: business plan projections
USCIS finding: INSUFFICIENT
“the record does not sufficiently detail the basis for its financial and staffing projections, or adequately explain how these projections will be realized.”
Decision PDF, p. 5Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 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 petitioner's statements insufficient to establish that disseminating knowledge through trainings and publications will have broader impact. 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?