fraud data analysis
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it advances cybersecurity, AI, and machine learning, and aligns with national initiatives.
Evidence type: expert opinion letter, media articles, industry reports, government initiatives
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The articles and reports do not mention the Petitioner's specific work with her employer and its potential impact on the field or on such national initiatives.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will have broader implications in the field.
Evidence type: petitioner's statements
USCIS finding: INSUFFICIENT
“The Petitioner mainly relies on her statements, without corroborating evidence, to characterize her work as valuable for advancing her fields.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it protects consumers and the U.S. economy from fraud.
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the Petitioner has not offered sufficient information and evidence based on these recommendation letters to demonstrate the prospective impact of her proposed endeavor rises to the level of national importance.”
Decision PDF, p. 5Open 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 expert opinion letter, media articles, industry reports, government initiatives insufficient to establish that the proposed endeavor has national importance because it advances cybersecurity, AI, and machine learning, and aligns with national initiatives.. 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?