aviation safety and quality control
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance
Evidence type: publications
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the publications in the record providing generalized information regarding the aviation industry do not address the Petitioner, the specific endeavor he proposes to undertake, and how the endeavor may have the type of broader implications indicative of national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has significant potential to employ U.S. workers and generate positive economic effects
Evidence type: general statements
USCIS finding: INSUFFICIENT
“the record does not substantiate those statements with probative, objective evidence of that”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: qualifications and prior work experience
USCIS finding: INSUFFICIENT
“although the Petitioner's qualifications and prior work experience are material to the second Dhanasar prong, whether an individual is well-positioned to advance a proposed endeavor, they do not address how the specific, prospective endeavor an individual proposes to undertake may have national or even global implications within a particular field”
Decision PDF, p. 4Open 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 publications insufficient to establish that proposed endeavor has national importance. 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?