automotive engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The Beneficiary's proposed endeavor has national importance due to its impact on EV and SDV technologies and semiconductor supply resiliency.
Evidence type: letters from employer and expert, articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner, however, has not shown the Beneficiary's specific projects as a design release engineer stand to impact these areas to an extent that her proposed work holds national importance.”
Decision PDF, p. 5Open 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 from employer and expert, articles insufficient to establish that the Beneficiary's proposed endeavor has national importance due to its impact on EV and SDV technologies and semiconductor supply resiliency.. 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?