automotive 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 has national importance based on letters of interest.
Evidence type: letters of interest
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the letters of interest do not establish how the specific endeavor the Petitioner proposes to undertake may have national or even global implications”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance due to workforce upskilling in STEM.
Evidence type: opinion letters
USCIS finding: INSUFFICIENT
“the opinion based on that unreliable and insufficient business plan's description of the proposed endeavor is questionable and, thus, also bears minimal probative value.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance based on letters of recommendation.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“they do not elaborate on how the specific endeavor the Petitioner proposes to undertake may have national or even global implications”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance based on publications about the automotive industry.
Evidence type: publications
USCIS finding: INSUFFICIENT
“the copies of publications ... do not reference the Petitioner, the specific endeavor he proposes to undertake, and how the specific endeavor may have the type of broader implications indicative of national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will improve manufacturing processes and create jobs.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“The business plan contains contradictory and unsubstantiated information that undermines both its reliability and sufficiency”
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 of interest insufficient to establish that the proposed endeavor has national importance based on letters of interest.. 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?