aviation maintenance
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 alignment with government priorities, STEM field, job creation, and economic effects.
Evidence type: business plan, presidential proclamation, policy manual citation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan lacks sufficient detail to support these projections, and the record does not include supporting evidence to corroborate the claims made regarding the market conditions... they do not demonstrate that the benefits to the regional or national economy resulting from this proposed endeavor would reach the level of 'substantial positive economic effects' contemplated by Dhanasar.”
page not extractedOpen source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“the letters do not indicate that these improvements went beyond the implementation of industry-wide practices and procedures... they do not place his level of expertise significantly above that of other aviation maintenance technicians.”
page not extracted
What 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 business plan, presidential proclamation, policy manual citation insufficient to establish that proposed endeavor has national importance due to alignment with government priorities, STEM field, job creation, and 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?