industrial engineering
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
PASSProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: HGTV has utilized his designs and manufacturing processes
Evidence type: support letters, shop drawings, promotional material
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not substantiate the Petitioner's specific claims”
Decision PDF, p. 3Open source PDF
Petitioner argued: interest from professional associations
Evidence type: course information
USCIS finding: INSUFFICIENT
“the record therefore does not support the Petitioner's claim that these professional associations are interested in the Petitioner's work”
Decision PDF, p. 5Open source PDF
Petitioner argued: his manufacturing processes are the basis for licensing
Evidence type: support letters, shop drawings
USCIS finding: INSUFFICIENT
“the evidence in the record does not support the Petitioner's claim that his work product or his manufacturing process advancements were the basis for any agreement”
Decision PDF, p. 4Open source PDF
Petitioner argued: record of success demonstrated by contributions to projects
Evidence type: support letter from A.L., shop drawings
USCIS finding: INSUFFICIENT
“this evidence is not sufficient to demonstrate that the Petitioner's record of success positions him well to advance the proposed endeavor”
Decision PDF, p. 5Open source PDF
Prong 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's support letters, shop drawings, promotional material insufficient to establish that hGTV has utilized his designs and manufacturing processes. 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?