aviation maintenance and consulting
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it addresses a shortage of aircraft mechanics and offers training.
Evidence type: articles and reports about aircraft mechanic shortage
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not demonstrated that his undertaking stands to impact his field or industry more broadly beyond the trainees associated with his particular company and its consulting projects.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will create jobs and benefit economically depressed areas.
Evidence type: business plan with staffing and revenue projections
USCIS finding: INSUFFICIENT
“he has not presented evidence indicating that the benefits to the regional or national economy resulting from his undertaking would reach the level of 'substantial positive economic effects' contemplated by Dhanasar.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance because it is in a STEM field and subject to special considerations.
Evidence type: USCIS Policy Manual update
USCIS finding: INSUFFICIENT
“the Petitioner must still demonstrate that his specific STEM endeavor has national importance.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
FAILWhat 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 articles and reports about aircraft mechanic shortage insufficient to establish that the proposed endeavor has national importance because it addresses a shortage of aircraft mechanics and offers training.. What would make comparable evidence in my own case more persuasive?
- Prong 3 (balancing the waiver's benefits) was not established here. What does my case need to show on this element?
- What in my own case most resembles the specific facts USCIS focused on in this decision?