petroleum engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the business plan includes projections of income and staffing levels. We agree with the Director that these projections are not well supported and do not reflect that the Petitioner's proposed endeavor has a significant potential to employ U.S. workers or has other substantial positive economic effects.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor includes training programs for workers in the oil and gas industry.
Evidence type: petitioner's statement
USCIS finding: INSUFFICIENT
“at no point does she provide details on the content, structure, development, or means of delivery of this training.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to the petitioner's expertise.
Evidence type: petitioner's statement
USCIS finding: INSUFFICIENT
“factors such as a petitioner's educations, skills, and record of success in activities relating to the proposed endeavor are analyzed under the second prong of the Dhanasar framework”
Decision PDF, p. 3Open 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 business plan insufficient to establish that the proposed endeavor has substantial merit and national importance.. 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?