information technology (IT)
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
NOT_DISCUSSEDPetitioner argued: proposed endeavor has national importance
Evidence type: articles
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“SCOPS erred in identifying the proposed endeavor and did not consider the Petitioner's evidence as submitted in the record.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: not specified
USCIS finding: NOT_DISCUSSED
“SCOPS did not include any analysis for its conclusion.”
Decision PDF, p. 2Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: balance of factors favors waiver
Evidence type: not specified
USCIS finding: NOT_DISCUSSED
“SCOPS did not discuss the evidence weighed or addressed the Petitioner's specific claims.”
Decision PDF, p. 2Open source PDF
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.
This decision discussed information technology (IT). Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?