biofuels 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 national importance due to its impact on the ethanol industry and U.S. economy.
Evidence type: career progression plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the career progression plan lacks sufficient credible evidence to support his claims that these goals will broadly impact the ethanol industry or the United States at a level commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance as supported by recommendation letters.
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters generally relate to the second prong of the Dhanasar analytical framework”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance as supported by independent advisory letters.
Evidence type: independent advisory letters
USCIS finding: INSUFFICIENT
“the opinion letter repeats the Petitioner's general claims about increasing efficiency, ensuring compliance, and improving logistics, but it lacks the specificity to be credible or persuasive.”
Decision PDF, p. 6Open 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 career progression plan insufficient to establish that the proposed endeavor has national importance due to its impact on the ethanol industry and U.S. economy.. 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?