process engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · SCOPS
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: expert opinion letter supports national importance
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“it lacked detail of how the Petitioner's specific proposed endeavor of working as a project manager in the process engineering field is nationally important.”
Decision PDF, p. 1Open source PDF
Petitioner argued: national importance of proposed endeavor
Evidence type: personal statement, expert opinion, industry reports
USCIS finding: INSUFFICIENT
“we explained why they did not establish the national importance of the Petitioner's proposed endeavor.”
Decision PDF, p. 1Open 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 expert opinion letter insufficient to establish that expert opinion letter supports national importance. 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?