advanced manufacturing engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because of the general value of the field.
Evidence type: general statements about the field
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's focus when asserting national importance was on the general value of the Beneficiary's asserted field, but it did not sufficiently demonstrate that the Beneficiary's specific employment would have a broader impact beyond its customers or advance STEM technologies in the industry more broadly consistent with national importance.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: The Beneficiary is well-positioned to advance the proposed endeavor.
Evidence type: record evidence
USCIS finding: ACCEPTED
“We agree that the Petitioner has established that he is well-positioned to advance his proposed endeavor to work in the field of ... engineering.”
Decision PDF, p. 2Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: The Director did not adequately review all evidence in evaluating the third prong.
Evidence type: evidence of record
USCIS finding: INSUFFICIENT
“the Director's analysis of the Beneficiary's eligibility under the third prong did not sufficiently address the guidance specifically provided by the USCIS Policy Manual regarding endeavors in STEM fields”
Decision PDF, p. 3Open 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.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's general statements about the field insufficient to establish that the proposed endeavor has national importance because of the general value of the field.. 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?