electrical engineering / semiconductor…
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 Beneficiary's patent and patent applications are evidence of nationally important work.
Evidence type: patents and patent applications
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence in the record is not sufficient to demonstrate the national importance of the Beneficiary's proposed endeavor based upon the awarded patent and patent applications.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The patent applications demonstrate a novel and important manufacturing process per Policy Manual.
Evidence type: patent applications
USCIS finding: INSUFFICIENT
“the evidence in the record does not establish that the patent applications relate to processes that are or may potentially be 'novel and important' to the Petitioner's processes, to those of its clients, or to the field at large.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to national urgency of improved semiconductor chip design.
Evidence type: federal government priorities, industry articles, public statements, news articles
USCIS finding: INSUFFICIENT
“the record lacks sufficient probative, credible evidence demonstrating the potential prospective impact of the Beneficiary's specific endeavor as an employee of the Petitioner.”
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 patents and patent applications insufficient to establish that the Beneficiary's patent and patent applications are evidence of nationally important work.. 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?