software engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it benefits a major employer and its customers.
Evidence type: recommendation letters from employer and customers
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not sufficiently explain how the Petitioner would pursue the endeavor independently outside the scope of his current role, whether the work performed for [employer] is meaningfully distinct from the proposed endeavor, or whether his endeavor would be propriety to [employer].”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance due to economic impact and job creation.
Evidence type: personal statement, industry reports
USCIS finding: INSUFFICIENT
“the Petitioner has not offered a sufficiently direct connection between his proposed endeavor's activities and any demonstratable substantial economic activities.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to widespread adoption of his APIs and integration frameworks.
Evidence type: list of 102 businesses, letters from customers
USCIS finding: INSUFFICIENT
“the Petitioner does not provide any "agreements or contracts" or other corroborating documents showing that the adoption or licensing of a technology is directly attributable to the Petitioner.”
Decision PDF, p. 4Open 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 recommendation letters from employer and customers insufficient to establish that the proposed endeavor has national importance because it benefits a major employer and its customers.. 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?