airport 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
FAILPetitioner argued: proposed endeavor has national importance in four areas
Evidence type: petitioner's assertions
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner explains how his expertise and methodologies will achieve these goals, but does not cite any evidence to support his claims.”
Decision PDF, p. 3Open source PDF
Petitioner argued: letters from professionals establish national importance
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“The Petitioner's support letters attest to his qualifications, skills, and past accomplishments, but are more relevant to the second Dhanasar prong where we consider whether individuals are well positioned to advance their proposed endeavors. Because they do not discuss the Petitioner's proposed endeavor or do not establish that it would have broad implications in his field commensurate with national importance, the Petitioner's support letters are insufficient to establish the potential prospective impact of his proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: articles show national importance
Evidence type: articles
USCIS finding: INSUFFICIENT
“While they address issues important to the aviation industry, none of these articles discuss the Petitioner's proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor aligns with 2023 U.S. Airport Infrastructure Needs Report
Evidence type: report
USCIS finding: INSUFFICIENT
“The Petitioner submits a copy of this report, but does not explain how his work would extend beyond his individual employers to impact federal airport infrastructure needs more broadly in a manner commensurate with national importance.”
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 petitioner's assertions insufficient to establish that proposed endeavor has national importance in four areas. 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?