aviation maintenance and safety
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance due to its impact on aviation safety, workforce development, and economic benefits.
Evidence type: recommendation letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“such evidence does not sufficiently demonstrate the future impact of the proposed endeavor or show the scope of his endeavor with specific plans for training aviation personnel and collaborating with aviation industry programs as claimed”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor aligns with U.S. government national security priorities.
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“None of the articles and reports specifically mention the Petitioner's endeavor or discuss the government's interest in promoting the use of the Petitioner's innovation or solutions.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its impact on aviation safety, workforce development, and economic benefits.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the expert letter from T-S- "lacks relevance because the writer discusses the importance of the petitioner's industry and occupation rather than addressing how the specific proposed endeavor would satisfy the national importance element of the first prong of the Dhanasar framework"”
Decision PDF, p. 4Open 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 recommendation letters insufficient to establish that the proposed endeavor has national importance due to its impact on aviation safety, workforce development, and economic benefits.. 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?