seismic structural engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
PASSPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: recommendation letters, articles, advisory letters
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“the record contains recommendation letters from the Petitioner's research collaborators and other colleagues familiar with his prior work as a Ph.D. student; multiple relevant articles; and independent advisory letters addressing the importance of his prior research and potential broad implications of his proposed research in seismic structural engineering”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor
Evidence type: academic credentials, publications, citations, letters
USCIS finding: INSUFFICIENT
“the evidence does not demonstrate that the Petitioner is well-positioned to advance his proposed endeavor”
Decision PDF, p. 2Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would benefit the United States
Evidence type: academic record, significance of proposed endeavor
USCIS finding: INSUFFICIENT
“the record does not satisfy Dhanasar's third prong”
Decision PDF, p. 2Open 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 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 academic credentials, publications, citations, letters insufficient to establish that well positioned to advance proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's academic record, significance of proposed endeavor insufficient to establish that waiver would benefit the United States. 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?