mechanical 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
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: lead author of three research papers indicates well-positioned
Evidence type: publications
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not demonstrated that being lead author of three research papers is indicative of her being well-positioned to advance her proposed research”
Decision PDF, p. 3Open source PDF
Petitioner argued: advanced degree in STEM is sufficient
Evidence type: master's degree and doctoral candidacy
USCIS finding: INSUFFICIENT
“it is not a sufficient basis to determine that she is well positioned to advance the proposed endeavor”
page not extractedOpen source PDF
Petitioner argued: citation record shows influence
Evidence type: citation record
USCIS finding: INSUFFICIENT
“the Petitioner's citation record ... does not support his assertion that the Petitioner's work 'has been influential to her peers'”
page not extractedOpen source PDF
Petitioner argued: collaboration with industry leaders
Evidence type: email communications with consulting firm
USCIS finding: INSUFFICIENT
“The record contains no evidence that these communications resulted in a professional relationship between the Petitioner and the consulting firm.”
Decision PDF, p. 4Open source PDF
Petitioner argued: plan for future activities
Evidence type: plan to collaborate with designers, energy modelers, educators
USCIS finding: INSUFFICIENT
“the record does not show that the Petitioner has engaged in the types of collaborations she indicates are integral to her endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: education, research, work experience, and recognition establish well-positioned
Evidence type: education, letters of recommendation, publications, citations, memberships, conference presentations
USCIS finding: INSUFFICIENT
“the record is insufficient to establish she is well positioned to advance her proposed endeavor”
Decision PDF, p. 4Open 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 publications insufficient to establish that lead author of three research papers indicates well-positioned. 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?