mechanical engineering / semiconductor…
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 has substantial merit and national importance
Evidence type: personal statements, support letters, publications
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“SCOPS concluded that the Petitioner had not established his proposed endeavor's national importance”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: support letters, publications, citation data
USCIS finding: INSUFFICIENT
“SCOPS concluded that the Petitioner had not established ... that he is well positioned to advance the endeavor”
page not extractedOpen source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: on balance, waiver would benefit the United States
Evidence type: not specified
USCIS finding: INSUFFICIENT
“SCOPS concluded that the Petitioner had not established ... that, on balance it would be beneficial to the United States to waive the job offer requirements.”
page not extractedOpen 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 turned on national importance. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's personal statements, support letters, publications insufficient to establish that proposed endeavor has substantial merit and national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's support letters, publications, citation data insufficient to establish that well positioned to advance the proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's not specified insufficient to establish that on balance, waiver would benefit the United States. What would make comparable evidence in my own case more persuasive?