aviation and aircraft maintenance
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
FAILPetitioner argued: proposed endeavor will improve societal welfare by ensuring safety, efficiency, and reliability of aviation operations
Evidence type: professional plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Again, the Petitioner cites no evidence to support this claim. The Petitioner also does not articulate how his work would extend beyond individual airlines to impact the aviation industry or societal welfare more broadly in a manner commensurate with national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to training programs addressing mechanic shortage
Evidence type: professional plan supplement
USCIS finding: INSUFFICIENT
“Here, the Petitioner has not established that his training programs would sufficiently extend beyond his individual trainees to impact his field more broadly at a level commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to broader implications on aviation field
Evidence type: professional plan and support letters
USCIS finding: INSUFFICIENT
“The Petitioner cites no evidence to support these claims. The record does not indicate that the artificial intelligence (AI)-driven diagnostics and predictive maintenance technologies used by the Petitioner are unique, innovative or otherwise have national or global implications in the aviation industry.”
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 professional plan insufficient to establish that proposed endeavor will improve societal welfare by ensuring safety, efficiency, and reliability of aviation operations. 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?