quality assurance 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
FAILPetitioner argued: The Beneficiary's work contributed to bringing jobs to the Alabama community.
Evidence type: letter from vice president of economic development
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record lacks corroborating documents to support the Petitioner's claim that the new jobs and employment in Alabama, are directly linked to the Petitioner's proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Beneficiary's quality-assurance protocols ("Red Binder") has widespread impact on the field of aerospace manufacturing and technology.
Evidence type: testimonial evidence
USCIS finding: INSUFFICIENT
“the Petitioner has not provided any other corroborating evidence that somehow the Beneficiary's methodology widely impacted the aviation or aircraft manufacturing industry as a whole”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor contributes to alleviating a critical shortage of commercial aircraft in the 100-150 seat range.
Evidence type: articles and reports
USCIS finding: INSUFFICIENT
“their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular”
Decision PDF, p. 3Open source PDF
Petitioner argued: The Beneficiary's work at the Airbus facility in Alabama affects every aircraft manufactured there, each destined for use in the U.S. commercial aviation sector.
Evidence type: testimonial evidence
USCIS finding: INSUFFICIENT
“the letters do not provide persuasive and corroborating information about the endeavor's impact rising to the level of national importance.”
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 letter from vice president of economic development insufficient to establish that the Beneficiary's work contributed to bringing jobs to the Alabama community.. 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?