mechanical and aerospace 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
PASSProng 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: The Petitioner's past experience renders him well-positioned to advance his proposed endeavor.
Evidence type: letters of recommendation, employment letters, media coverage
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“when considered collectively, the expert testimonial letters and other documentation submitted establish sufficiently that the Petitioner's past experience renders him well-positioned to advance his proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's work has found practical application in industry settings.
Evidence type: letters, media coverage
USCIS finding: ACCEPTED
“the evidence in the aggregate supports his assertion that his past work has found practical application in industry settings, rendering him well-positioned to advance the proposed endeavor.”
Decision PDF, p. 6Open source PDF
Prong 3 — Balancing the Waiver's Benefits
PASSPetitioner argued: The Petitioner's contributions are of such value that they would benefit the United States even assuming other qualified U.S. workers are available.
Evidence type: evidence of past successes, significance of proposed work
USCIS finding: ACCEPTED
“we find that he offers contributions of such value that, on balance, they would benefit the United States even assuming that other qualified U.S. workers are available.”
Decision PDF, p. 7Open 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 satisfied all three Dhanasar prongs. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On appeal, letters of recommendation, employment letters, media coverage was enough to satisfy Prong 2 (well positioned to advance the endeavor). What made that evidence hold up where the original filing apparently didn't?
- On appeal, evidence of past successes, significance of proposed work was enough to satisfy Prong 3 (balancing the waiver's benefits). What made that evidence hold up where the original filing apparently didn't?
- This appeal succeeded after an initial denial. What new evidence or argument was added at the appeal stage, and could I include that from the start instead of waiting for a denial?