electrical 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
FAILPetitioner argued: The business would have national scope and broad applicability.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“But, even if we accept the higher estimates, he has not explained how a business that generates less than $2 million in annual revenues would substantially affect the U.S. energy market.”
Decision PDF, p. 4Open source PDF
Petitioner argued: Past projects in Ecuador had national implications and demonstrate scalability.
Evidence type: recommendation letters, project certifications
USCIS finding: INSUFFICIENT
“The record, however, does not demonstrate that any of the Petitioner's past projects in Ecuador had national implications.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it enhances U.S. energy resilience, supports critical infrastructure, aligns with national security goals, promotes economic growth, etc.
Evidence type: recommendation letters, project certifications, business plans
USCIS finding: INSUFFICIENT
“The record, however, lacks evidence that the Petitioner's U.S. company would likely work on a project installing 500 miles of isolated aerial power lines or one otherwise generating up to 9,000 jobs.”
Decision PDF, p. 3Open 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 business plan insufficient to establish that the business would have national scope and broad applicability.. 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?