network software engineering
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: proposed endeavor has national importance due to alignment with federal AI initiatives
Evidence type: personal statement, executive order, NIST reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the federal policy objectives regarding artificial intelligence infrastructure do not directly address the Petitioner's specific proposed undertaking”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to industry importance
Evidence type: industry articles and reports
USCIS finding: INSUFFICIENT
“merely working in an important field is insufficient to establish the national importance of the proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to economic benefits
Evidence type: petitioner's statements
USCIS finding: INSUFFICIENT
“the record lacks sufficient evidence to substantiate the Petitioner's claims, to quantify the claimed economic benefits for the United States”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to employer's impact
Evidence type: support letter from manager
USCIS finding: INSUFFICIENT
“the letter does not include sufficient information about the Petitioner's proposed endeavor and its impact rising to the level of national importance”
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 personal statement, executive order, NIST reports insufficient to establish that proposed endeavor has national importance due to alignment with federal AI initiatives. 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?