environmental engineering and forestry
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“The Petitioner also has not satisfied 8 C.F.R. § 204.5(k)(3)(ii)(E) as he has not demonstrated his membership in professional associations.”
p. 3
“The Petitioner has not met the requirements of 8 C.F.R. § 204.5(k)(3)(ii)(B) as he has not submitted sufficient evidence showing he has at least ten years of full-time experience in the occupation.”
p. 3
“the Petitioner has not established he is recognized as having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
p. 5
“The Petitioner also has not satisfied 8 CFR § 204.5(k)(3)(ii)(F) as he has not provided sufficient evidence of his recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.”
p. 4
“The Petitioner has not satisfied 8 C.F.R. § 204.5(k)(3)(ii)(D) as he has not submitted sufficient evidence that he commanded a salary, or other remuneration for services demonstrating exceptional ability.”
p. 4
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. U.S. Citizenship and Immigration Services (USCIS) officers exercise discretion on facts that are never fully captured in a written decision.
This decision discussed environmental engineering and forestry. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?