information technology services
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: national importance due to AI work and government priorities
Evidence type: arguments and assertions
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner does not provide any legal authority in support of his argument”
Decision PDF, p. 2Open source PDF
Petitioner argued: national importance due to quantifiable results and job creation
Evidence type: revenue and employment projections
USCIS finding: INSUFFICIENT
“the Petitioner does not present any suppmiing evidence, corroborating the projections and figures presented in the business plan”
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 arguments and assertions insufficient to establish that national importance due to AI work and government priorities. 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?