materials engineering
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 significant potential to employ U.S. workers or substantial positive economic effects.
Evidence type: industry reports and articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence does not show that the Petitioner's activities performed during his continued research while continuing his employment at F-E-, Inc. would have economic impacts beyond the clients and customers served by his employer such that it will have broader implications for others in the United States.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: letters of recommendation, expert opinion letter, industry reports, publications, citation record
USCIS finding: INSUFFICIENT
“the letters of support and expert opinion letter provided details about the Petitioner's accomplishments, they did not explain how the Petitioner's numerous personal accomplishments constitute recognition of achievements and significant contributions to the industry or field of engineering and lack supportive information concerning how such personal achievements affected the industry or field as a whole.”
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 industry reports and articles insufficient to establish that the proposed endeavor has significant potential to employ U.S. workers or substantial positive economic effects.. 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?