solar power engineering…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor will create U.S. jobs and have substantial positive economic effects.
Evidence type: personal statement
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Without evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work, the record does not show any benefits to the U.S. regional or national economy resulting from his work would reach the level of "substantial positive economic effects" contemplated by Dhanasar.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor involves improved manufacturing processes that are nationally important.
Evidence type: provisional patent application
USCIS finding: INSUFFICIENT
“the Petitioner has not sufficiently demonstrated how his technologies will be available to the industry as a whole or influence the field more broadly.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its impact on EV charging and energy independence.
Evidence type: expert opinion letters
USCIS finding: INSUFFICIENT
“the opinion letters do not support their conclusory statements with supporting information material to the issue of whether the specific endeavor the Petitioner proposes to undertake may have the type of broader implications indicative of national importance”
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 personal statement insufficient to establish that the proposed endeavor will create U.S. jobs and have substantial positive economic effects.. 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?