mechanical engineering

EB-2 National Interest Waiver — Merits Decision

2025-11-18·DISMISSED·IN RE: 40100100

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: The proposed endeavor has national importance due to its potential impact on various industries and alignment with national initiatives.

Evidence type: personal statement, recommendation letters, articles and reports

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the Petitioner has not provided the level of specific details or documentation as required under Dhanasar to support his claims that his proposed research projects have the potential to impact his field or other fields and industries.

Decision PDF, p. 5Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's personal statement, recommendation letters, articles and reports insufficient to establish that the proposed endeavor has national importance due to its potential impact on various industries and alignment with national initiatives.. 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?
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