electrical 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
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner is well positioned to advance his proposed endeavor
Evidence type: academic credentials, training certificates, letters of recommendation, professional plan, business documents, letters of intent, opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Director does not sufficiently explain the basis for this determination.”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would benefit the United States
Evidence type: submitted evidence
USCIS finding: INSUFFICIENT
“it does not sufficiently discuss the evidence weighed in balancing those considerations nor address the Petitioner's specific claims, if any, as to the third prong.”
Decision PDF, p. 4Open source PDF
Other findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“the letters do not specify the dates ofthe Petitioner's work experience and his specific job duties to show five years of progressive experience in his specialty.”
p. 2
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 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 academic credentials, training certificates, letters of recommendation, professional plan, business documents, letters of intent, opinion letter insufficient to establish that petitioner is well positioned to advance his proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's submitted evidence insufficient to establish that waiver would benefit the United States. 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?