electrical 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
PASSPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: letters, articles, employment records
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“We therefore agree with the Director's determination that the Petitioner has demonstrated both the substantial merit and national importance of his proposed endeavor.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: well positioned to advance proposed endeavor
Evidence type: letters from work associates, employment records, professional licenses, performance award, past papers
USCIS finding: ACCEPTED
“Considering the totality of the evidence, we conclude that the Petitioner is well positioned to advance his proposed endeavor.”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
PASSPetitioner argued: waiver beneficial to United States
Evidence type: articles, letters of recommendation, employment records
USCIS finding: ACCEPTED
“Based on the Petitioner's track record and the significance of his proposed work to advance the U.S. energy field, we conclude that he offers contributions of such value that, on balance, would benefit the United States even if other qualified U.S. workers are available, and are therefore sufficient to justify a waiver of the EB-2 classification's job offer requirement.”
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 satisfied all three Dhanasar prongs. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On appeal, articles, letters of recommendation, employment records was enough to satisfy Prong 3 (balancing the waiver's benefits). What made that evidence hold up where the original filing apparently didn't?
- On appeal, letters, articles, employment records was enough to satisfy Prong 1 (substantial merit & national importance). What made that evidence hold up where the original filing apparently didn't?
- On appeal, letters from work associates, employment records, professional licenses, performance award, past papers was enough to satisfy Prong 2 (well positioned to advance the endeavor). What made that evidence hold up where the original filing apparently didn't?
- This appeal succeeded after an initial denial. What new evidence or argument was added at the appeal stage, and could I include that from the start instead of waiting for a denial?