computer science

EB-2 National Interest Waiver — Merits Decision

2025-12-08·DISMISSED·IN RE: 40358041

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: The proposed endeavor has national importance due to its alignment with U.S. priorities in AI and machine learning, and its potential to reduce power consumption.

Evidence type: letters of recommendation, expert letters, industry reports

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the letter does not sufficiently explain how the Petitioner's specific projects at Meta stand to have an impact that extends beyond the company and its clients to influence the field of computer science or other related fields and industries.

Decision PDF, p. 4Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's letters of recommendation, expert letters, industry reports insufficient to establish that the proposed endeavor has national importance due to its alignment with U.S. priorities in AI and machine learning, and its potential to reduce power consumption.. 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?
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