information technology (IT)
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: impact of her involvement in IT has massive implications for the United States
Evidence type: reference letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these authors do not provide details on the Petitioner's specific endeavor and its impact to confirm that her research lends itself to improved processes or advances in the field of data security.”
Decision PDF, p. 3Open source PDF
Petitioner argued: her research will have broad impact in the field
Evidence type: published articles and citation records
USCIS finding: INSUFFICIENT
“these citations do not demonstrate broad impact in the field as the articles do not distinguish or highlight the Petitioner's work from the other cited papers.”
Decision PDF, p. 4Open source PDF
Petitioner argued: research is crucial for strengthening data security and contributing to economic growth
Evidence type: industry articles, studies, reports
USCIS finding: INSUFFICIENT
“The Petitioner has offered various industry articles, studies, and reports giving a general overview and importance of artificial intelligence, cloud computing, and cybersecurity.”
Decision PDF, p. 3Open 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 reference letters insufficient to establish that impact of her involvement in IT has massive implications for 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?
- Would additional expert-opinion evidence have changed the outcome here, based on what USCIS said was missing?