microelectronics engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSPetitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: letters of support, research articles, information about AI workloads and energy demands
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“The Petitioner has established, by a preponderance of the evidence, that he has met the first prong of the Dhanasar framework.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well positioned to advance the proposed endeavor.
Evidence type: education, publications, citations, letters of support, personal statement
USCIS finding: INSUFFICIENT
“the evidence in the record does not demonstrate that the Petitioner is well positioned to advance the endeavor.”
page not extractedOpen source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: On balance, waiving the job offer requirement would benefit the United States.
Evidence type: advanced degree, published research, letters of support
USCIS finding: INSUFFICIENT
“For these reasons, the Petitioner has not established eligibility under the third prong of the Dhanasar analytical framework.”
Decision PDF, p. 6Open 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 turned on whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's education, publications, citations, letters of support, personal statement insufficient to establish that the Petitioner is well positioned to advance the proposed endeavor.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's advanced degree, published research, letters of support insufficient to establish that on balance, waiving the job offer requirement would benefit the United States.. 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?