mechanical engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The Petitioner's contributions extend beyond his organization and have far-reaching implications for road safety and transportation efficiency.
Evidence type: letters from colleagues
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“While we acknowledge the letters, the authors do not sufficiently explain how the Petitioner's specific projects at [redacted] stand to have an impact that extends beyond the company and its clients to influence the Petitioner's field of endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner's endeavor has national importance because it will substantially improve road safety and advance U.S. leadership in automated driving technologies.
Evidence type: expert opinion and recommendation letters, industry reports, and articles
USCIS finding: INSUFFICIENT
“While these letters and documents are generally supportive and positive factors, they do not offer sufficient, detailed, and concrete examples of how the Petitioner's endeavor has the potential for broad and measurable implications for the country beyond impacting his employer and its clients.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The Petitioner's work on driving automation technologies has national importance due to its potential to reduce car crashes and enhance societal welfare.
Evidence type: support letter from a former transportation specialist
USCIS finding: INSUFFICIENT
“We acknowledge the substantial merit of the Petitioner's proposed endeavor and the importance of the fields implicated by his endeavor. However, as previously mentioned, in determining national importance, the relevant question is not the importance of the industry or profession in which the individual will work.”
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 letters from colleagues insufficient to establish that the Petitioner's contributions extend beyond his organization and have far-reaching implications for road safety and transportation efficiency.. 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?