materials engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance due to its potential impact.
Evidence type: employment confirmation letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish how "the analysis and organization of test data, management of laboratory equipment, fulfillment of customer sample requests, and development of hydro and electrochemical methods," or any other "laboratory activities" the Petitioner may perform, may extend beyond her employer(s) and the particular customers of the employer(s), to have national or even global implications within the field of energy, or any other particular field”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: generalized information about energy consumption and research
USCIS finding: INSUFFICIENT
“The generalized information regarding energy consumption and research addresses the importance of the industry, field, or profession in which the Petitioner proposes to work; however, as noted, the importance of the industry, field, or profession in which an individual will work is not the relevant question for determining whether the potential prospective impact of the specific endeavor the Petitioner proposes to undertake may have 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 employment confirmation letter insufficient to establish that the proposed endeavor has national importance due to its potential impact.. 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?