renewable energy
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: proposed endeavor has national importance due to renewable energy industry significance
Evidence type: general industry reports and articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record lacks detail and probative evidence on the claimed economic impact and hiring potential”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will benefit rural and low income communities
Evidence type: assertions
USCIS finding: INSUFFICIENT
“the record lacks detailed, objective evidence as to how he will specifically facilitate and elevate the significance of his proposed work to a national level.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will have substantial positive economic and societal impact
Evidence type: academic credentials, support letters, general industry reports
USCIS finding: INSUFFICIENT
“the referenced evidence and assertions focus on his skills and profession, which relate to Dhanasar's second prong”
Decision PDF, p. 2Open 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 general industry reports and articles insufficient to establish that proposed endeavor has national importance due to renewable energy industry significance. 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?