wireless charging technology…
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: The proposed endeavor will have substantial positive economic effects and create jobs.
Evidence type: expert letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record lacks sufficient evidence demonstrating that the Petitioner's technology will have an impact on the smartphone industry, other electronic devices industries, or the U.S. economy at a level commensurate with national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its impact on the smartphone industry, U.S. economy, energy efficiency, and national security.
Evidence type: expert letters
USCIS finding: INSUFFICIENT
“the letters do not offer sufficient information or evidence to support the proposed endeavor's impact rising to the level of national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has broader implications in STEM fields.
Evidence type: degree and STEM designation
USCIS finding: INSUFFICIENT
“merely working in an important STEM field is insufficient to establish the national importance of the proposed endeavor.”
Decision PDF, p. 6Open 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 letters insufficient to establish that the proposed endeavor will have substantial positive economic effects and create jobs.. 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?