metal fabrication
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
FAILPetitioner argued: proposed endeavor impacts a matter that a government entity has described as having national importance
Evidence type: news articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will create jobs and drive economic growth
Evidence type: assertions
USCIS finding: INSUFFICIENT
“these assertions are not supported by relevant or probative evidence, details showing their basis, or an explanation of how they will be realized”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will broadly enhance societal welfare
Evidence type: emails, test reports, monthly review meetings
USCIS finding: INSUFFICIENT
“the evidence does not establish the proposed endeavor's national importance because they only highlight that the endeavor's impact is to the clients or companies that hire the Petitioner to provide its services”
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 news articles insufficient to establish that proposed endeavor impacts a matter that a government entity has described as having 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?