chemical 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 substantial merit and national importance.
Evidence type: description of proposed endeavor
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Therefore, we conclude that the Petitioner has not established the national importance of his proposed endeavor.”
Decision PDF, p. 5Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The alien is well positioned to advance the proposed endeavor.
Evidence type: education, employment history, letters of interest, citation record
USCIS finding: INSUFFICIENT
“In light of the above conclusions, the Petitioner has not met his burden of proof to show that his proposed endeavor has national importance and that he is well positioned to advance that proposed endeavor.”
Decision PDF, p. 8Open source PDF
Prong 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 description of proposed endeavor insufficient to establish that the proposed endeavor has substantial merit and national importance.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's education, employment history, letters of interest, citation record insufficient to establish that the alien is well positioned to advance the proposed endeavor.. 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?