mechanical engineering
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: workforce training programs will impact the field more broadly
Evidence type: letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not sufficiently demonstrate that his training or instructional activities offer benefits that extend beyond his trainees or students to impact his field more broadly”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor will have substantial economic impact
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner has not explained the basis for these financial projections in the business plan, nor does the record contain sufficient evidence supporting these claims”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance due to workforce development, manufacturing competitiveness, climate and energy efficiency, and regional revitalization
Evidence type: industry analyses, government reports, articles
USCIS finding: INSUFFICIENT
“the submitted documents do not specifically mention the Petitioner's proposed endeavor and do not indicate the government's interest in supporting or promoting the use of the Petitioner's services”
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 letters of recommendation insufficient to establish that workforce training programs will impact the field more broadly. 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?