civil engineering and waterborne…
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
PASSProng 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: well positioned to advance proposed endeavor
Evidence type: education, skills, letters, publication record, funding
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“The record shows the Petitioner has the necessary education, skills, knowledge, and record of success in efforts related to his proposed endeavor.”
Decision PDF, p. 2Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: benefit to U.S. even if other qualified workers available
Evidence type: petitioner's assertion
USCIS finding: INSUFFICIENT
“The Petitioner does not sufficiently articulate how the United States would benefit from the Petitioner's contributions if other qualified U.S. workers are available.”
Decision PDF, p. 4Open source PDF
Petitioner argued: urgent national interest
Evidence type: articles on waterborne illnesses
USCIS finding: INSUFFICIENT
“do not establish that the national interest in his research is sufficiently urgent to warrant forgoing the labor certification process.”
Decision PDF, p. 4Open source PDF
Petitioner argued: impractical to obtain labor certification
Evidence type: petitioner's statement
USCIS finding: INSUFFICIENT
“nothing in the record indicates that it would be impractical for the Petitioner to secure a job offer or obtain a labor certification.”
Decision PDF, p. 4Open 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 the balancing test for waiving a job offer and labor certification. 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 3 (balancing the waiver's benefits), USCIS found the petitioner's petitioner's assertion insufficient to establish that benefit to U.S. even if other qualified workers available. 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?