semiconductor engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Beneficiary's past experience with oil and natural gas corporation shows track record
Evidence type: employment letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner did not show how the Beneficiary's past experience relates to the proposed endeavor, let alone a track record of success in order to advance the proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: Beneficiary is well positioned to advance proposed endeavor
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters contain identical language; specifically, the last three paragraphs ofall three letters mirror each other. As such, the identical language suggests that the letters were all prepared by the same person and calls into question the persuasive value ofthe letters' content and undermines their probative value.”
Decision PDF, p. 2Open source PDF
Petitioner argued: Beneficiary's publications indicate he is well-positioned
Evidence type: conference papers
USCIS finding: INSUFFICIENT
“the Petitioner has not established how the Beneficiary's publication history indicates that he is well-positioned to advance his endeavor.”
Decision PDF, p. 3Open source PDF
Prong 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's employment letter insufficient to establish that beneficiary's past experience with oil and natural gas corporation shows track record. 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?