aerospace 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 proposed endeavor will have broad implications across the U.S. aerospace industry.
Evidence type: RFE response brief
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The brief did not explain how the Petitioner's proposed endeavor would result in adoption of his methodologies beyond his own employer, and did not indicate that the Petitioner would be involved in developing, as opposed to testing, advanced aviation technology.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will modernize the U.S. aerospace manufacturing landscape and address critical national priorities.
Evidence type: brief, articles, technical dossier, letter from auditor, FAA forecast
USCIS finding: INSUFFICIENT
“The Petitioner has not established that these materials show the national importance of his proposed endeavor.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor aligns with U.S. national priorities such as bolstering regulatory capacity and accelerating adoption of advanced technologies.
Evidence type: government documents, NASP
USCIS finding: INSUFFICIENT
“These collective priorities, however, do not give national importance to the work of a given individual working in a related field.”
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.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's RFE response brief insufficient to establish that the proposed endeavor will have broad implications across the U.S. aerospace industry.. 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?