mechanical engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor will have national importance because it will result in an open-source algorithm.
Evidence type: letter of intent
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish how the ultimate open-source algorithm the Petitioner intends to disseminate to the public upon the research projects' eventual completion may have national or even global implications within the field of mechanical engineering or any other field, such as those resulting from certain improved manufacturing processes, rather than merely contributing to an aggregate pool of knowledge with all other mechanical engineering research projects.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will have national importance due to its broader implications in the field.
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“the letters do not discuss how the specific endeavor the Petitioner proposes to undertake-not his prior research projects-may have national or even global implications within the field of mechanical engineering or any other field, such as those resulting from certain improved manufacturing processes.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it addresses workplace injuries, weather-related hazards, and workplace automation.
Evidence type: publications
USCIS finding: INSUFFICIENT
“none of the publications that provide generalized information regarding workplace injuries, weather-related hazards, and workplace automation address the Petitioner, the specific endeavor he proposes to undertake, and how the specific endeavor may have national or even global implications within the field of mechanical engineering or any other field, substantial positive economic effects, or other indicia of national importance.”
Decision PDF, p. 4Open 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 letter of intent insufficient to establish that the proposed endeavor will have national importance because it will result in an open-source algorithm.. 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?