petroleum 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
FAILPetitioner argued: The proposed endeavor will have environmental benefits.
Evidence type: letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The record is unclear regarding how much his work will impact the environment and how much of the stated impact can be directly attributed to the Petitioner's proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor will have economic benefits.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the more specific statements lack corroborating evidence. For example, one author estimates that the Petitioner's proposed endeavor 'could lead to savings of between $3.75 and $6.00 million per day.' However, the Petitioner did not provide supporting evidence to corroborate these numbers.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its impact on the oil and gas industry and clean energy.
Evidence type: letters of recommendation, industry reports, Department of Energy report
USCIS finding: INSUFFICIENT
“the letters do not establish national importance as they lack specificity, corroborating evidence, and clarity on the prospective impact directly attributable to the Petitioner”
Decision PDF, p. 4Open 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 letters of recommendation insufficient to establish that the proposed endeavor will have environmental benefits.. 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?