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EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations (SCOPS)
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, detailed statement, documentation of broader implications
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“The Petitioner's assertions are supported by material, relevant, and probative evidence demonstrating both the substantial merit and the national importance of her proposed research.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: The Petitioner is well positioned to advance the proposed endeavor.
Evidence type: curriculum vitae, academic records, published work, reference letters, citation evidence
USCIS finding: ACCEPTED
“The Petitioner's experience and expertise as an accomplished researcher, published articles, citation evidence, progress in her field, past academic and industry based professional experience, and professional progression at reputed research institutions position her well to advance her proposed endeavor.”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
PASSPetitioner argued: On balance, waiving the job offer requirement would benefit the United States.
Evidence type: record of education, experience, expertise, past successes, significance of work
USCIS finding: ACCEPTED
“we conclude that the Petitioner offers contributions of such value that, on balance, they would benefit the United States even if other qualified U.S. workers are available.”
Decision PDF, p. 3Open 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 satisfied all three Dhanasar prongs. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On appeal, letters of support, detailed statement, documentation of broader implications was enough to satisfy Prong 1 (substantial merit & national importance). What made that evidence hold up where the original filing apparently didn't?
- On appeal, record of education, experience, expertise, past successes, significance of work was enough to satisfy Prong 3 (balancing the waiver's benefits). What made that evidence hold up where the original filing apparently didn't?
- On appeal, curriculum vitae, academic records, published work, reference letters, citation evidence was enough to satisfy Prong 2 (well positioned to advance the endeavor). What made that evidence hold up where the original filing apparently didn't?
- This appeal succeeded after an initial denial. What new evidence or argument was added at the appeal stage, and could I include that from the start instead of waiting for a denial?