civil engineering and nuclear…
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
FAILPetitioner argued: The proposed endeavor has national importance due to its focus on nuclear safety and infrastructure.
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“it is unclear from [expert] opinion how a single "advanced engineering consulting" company ... would exert an impact either nationally or globally on the field or exert broader implications that impact matters rising to the level of national importance.”
page not extractedOpen source PDF
Petitioner argued: The Petitioner's past work demonstrates the national importance of the proposed endeavor.
Evidence type: employment verification letters, letters of recommendation
USCIS finding: INSUFFICIENT
“the letters focused on the Petitioner's past work ... The Petitioner's demonstration of prior similar work does not have an influence on the proposed endeavor's potential prospective impact based on its national importance.”
page not extractedOpen source PDF
Petitioner argued: The proposed endeavor has national importance because it will generate employment, contribute to tax revenue, and support critical technologies.
Evidence type: expert opinion letter, economic impact analysis, business plan
USCIS finding: INSUFFICIENT
“the record does not contain sufficient probative, material, or relevant evidence showing how the endeavor's hiring plan would influence the area's unemployment rate or how the endeavor's operations and revenue rose to a level of national importance.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor will create jobs and have positive economic effects.
Evidence type: RIMS-II economic impact analysis
USCIS finding: INSUFFICIENT
“the RIMS-II based economic impact analysis appears to utilize inputs for the State of Florida as a whole and not any one specific area wherein which the Petitioner expects employment creation.”
Decision PDF, p. 5Open 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 expert opinion letter insufficient to establish that the proposed endeavor has national importance due to its focus on nuclear safety and infrastructure.. 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?