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: Proposed endeavor aligns with national priorities and has broader impact
Evidence type: reports from International Energy Agency and Department of Energy
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“While the reports may highlight the importance of the industry and a critical need for advancements, in determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on, 'the specific endeavor that the foreign national proposes to undertake.'”
Decision PDF, p. 3Open source PDF
Petitioner argued: Proposed endeavor will have environmental benefits
Evidence type: general assertions
USCIS finding: INSUFFICIENT
“Beyond general assertions, the Petitioner has not demonstrated that the work she proposes to undertake as the owner of an electrical engineering consulting business offers specific innovations that contribute to advancements in her industry or otherwise have broader implications for her field.”
Decision PDF, p. 5Open source PDF
Petitioner argued: Proposed endeavor will create jobs and contribute taxes
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record does not establish the direct creation of 15 additional jobs in this sector or the above stated tax contributions generated by the company will have a substantial economic benefit commensurate with the national importance element of the first prong of the Dhanasar framework.”
Decision PDF, p. 4Open source PDF
Petitioner argued: Letters of recommendation and expert opinion letter establish national importance
Evidence type: letters of recommendation, expert opinion letter
USCIS finding: INSUFFICIENT
“The letters of recommendation highlight each author's experience working with the Petitioner and how they value her work and expertise, but the letters do not further establish the national importance of her proposed endeavor.”
Decision PDF, p. 5Open 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 reports from International Energy Agency and Department of Energy insufficient to establish that proposed endeavor aligns with national priorities and has broader impact. 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?