civil engineering
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, knowledge, record of success, plan, progress, interest of others
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“The Petitioner has established that he is well-positioned to advance his proposed endeavor”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: impractical to obtain labor certification
Evidence type: letter from H-H-J- offering postdoctoral position
USCIS finding: INSUFFICIENT
“H-H-J- does not indicate that the position is temporary.”
Decision PDF, p. 4Open source PDF
Petitioner argued: beneficial even if other qualified workers available
Evidence type: assertions of specialized knowledge and urgent national interests
USCIS finding: INSUFFICIENT
“the record indicates, however, that there are several other researchers in the Petitioner's field”
Decision PDF, p. 4Open source PDF
Petitioner argued: national interest urgent enough to forgo labor certification
Evidence type: letters from S-S-, P-K-, W-S-, S-K-, P-S-
USCIS finding: INSUFFICIENT
“do not indicate that the national interest in the Petitioner's work is so urgent it could not wait for him to 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 letter from H-H-J- offering postdoctoral position insufficient to establish that impractical to obtain labor certification. 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?