electromagnetics and microwave…
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
PASSPetitioner argued: The proposed endeavor has national importance due to its impact on defense, aerospace, and semiconductor industries.
Evidence type: expert letters, evidence of government funding, and similarity to Dhanasar
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“evidence and letters from experts support the extension of the Petitioner's contributions beyond his employer to reach the level of national importance.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: The Petitioner is well positioned to advance the proposed endeavor based on his education and experience.
Evidence type: educational credentials, work experience, and letters detailing significance of prior work
USCIS finding: ACCEPTED
“the Petitioner's education, experience, expertise in his field, and significant roles in research projects position him well to continue his proposed development endeavor.”
Decision PDF, p. 4Open source PDF
Prong 3 — Balancing the Waiver's Benefits
PASSPetitioner argued: A waiver would benefit the United States despite the job offer and labor certification requirements.
Evidence type: record as a whole, including the specific facts of the petition
USCIS finding: ACCEPTED
“considering the factors together, the record shows that a waiver based on the highly specific facts of this petition would benefit the United States.”
Decision PDF, p. 5Open source PDF
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 satisfied all three Dhanasar prongs. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On appeal, educational credentials, work experience, and letters detailing significance of prior work was enough to satisfy Prong 2 (well positioned to advance the endeavor). What made that evidence hold up where the original filing apparently didn't?
- On appeal, record as a whole, including the specific facts of the petition was enough to satisfy Prong 3 (balancing the waiver's benefits). What made that evidence hold up where the original filing apparently didn't?
- On appeal, expert letters, evidence of government funding, and similarity to Dhanasar was enough to satisfy Prong 1 (substantial merit & national importance). What made that evidence hold up where the original filing apparently didn't?
- This appeal succeeded after an initial denial. What new evidence or argument was added at the appeal stage, and could I include that from the start instead of waiting for a denial?