civil 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: proposed endeavor has national importance due to addressing traffic safety
Evidence type: reports on traffic injuries and fatalities, letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not include evidence describing how his work, specifically, will have implications in the realm of public safety rising to the level of national importance.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor based on education, patents, publications, citation record
Evidence type: academic credentials, patents, publications, citation record, letters
USCIS finding: INSUFFICIENT
“he has not explained how that research has led or will lead to progress towards a specific endeavor.”
Decision PDF, p. 5Open source PDF
Prong 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 reports on traffic injuries and fatalities, letters of recommendation insufficient to establish that proposed endeavor has national importance due to addressing traffic safety. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's academic credentials, patents, publications, citation record, letters insufficient to establish that well positioned to advance proposed endeavor based on education, patents, publications, citation record. 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?