structural 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 will have substantial positive economic effects
Evidence type: business plan (job creation projections)
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner's projection of creating 20 jobs within five years does not demonstrate a significant potential to employ U.S. workers or support that his proposed endeavor will have substantial positive economic effects”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor will have broader implications in structural engineering
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters describe the Petitioner's job duties, rather than describing achievements that had broad implications to the field of structural engineering”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to infrastructure needs
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner's business plan provides generalized projections that are not specific and detailed enough to establish the potential prospective impact of his proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance because it addresses infrastructure
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the advisory opinion is of little probative value as it does not meaningfully address the details of the Petitioner's specific proposed endeavor and why it would have national importance”
Decision PDF, p. 6Open 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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's business plan (job creation projections) insufficient to establish that proposed endeavor will have substantial positive economic effects. 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?