civil and environmental 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 publication and citation record reflects national importance.
Evidence type: publications and citations
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The record does not indicate that the Petitioner's publication and citation record reflect that his work has national or global implications in his field or has otherwise broadly impacted his field in a manner commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it addresses the need for improved traffic safety in the United States.
Evidence type: articles
USCIS finding: INSUFFICIENT
“While these articles attest to the volume and cost of motor vehicle accidents and the significance of ATSPM, they do not address the Petitioner's specific proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance as attested by collaborator M-A-A-.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“While M-A-A- attests to the significance of the Petitioner's research, he does not discuss any practical applications of the Petitioner's work, how his publications have impacted other researchers in his field, or otherwise indicate that his proposed endeavor has broader implications in his field commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it addresses critical and emerging technologies.
Evidence type: CETs List
USCIS finding: INSUFFICIENT
“While we acknowledge that the Petitioner's proposed endeavor encompasses CETs and associated subfields, our focus remains on the specific proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has significant economic effects as it would mitigate substantial economic losses from motor vehicle crashes.
Evidence type: NHTSA data
USCIS finding: INSUFFICIENT
“The Petitioner did not, however, submit evidence that his proposed endeavor involves any practical applications that would directly reduce these costs.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will expedite adoption of autonomous vehicle technologies.
Evidence type: none
USCIS finding: INSUFFICIENT
“The Petitioner cites and submits no evidence to support these claims.”
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 publications and citations insufficient to establish that the publication and citation record reflects national importance.. 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?