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: work will have national and global implications
Evidence type: recommendation letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the content of these letters also relates to the second prong of the Dhanasar framework, instead of speaking to the national importance of the Petitioner's proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to benefits to economy and environment
Evidence type: petitioner's statements, articles, reports
USCIS finding: INSUFFICIENT
“the Petitioner has not demonstrated by a preponderance of evidence that his proposed endeavor is of national importance.”
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 recommendation letters insufficient to establish that work will have national and global implications. 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?