green energy
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
NOT_DISCUSSEDPetitioner argued: The proposed endeavor has national importance due to its impact on green energy research.
Evidence type: publications, conference presentations, employment
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“SCOPS stated that 'the evidence does not include information about the national importance of the proposed endeavor' and that the Petitioner 'did not submit evidence in support' of the claim that the endeavor is nationally important.”
page not extractedOpen source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: The Petitioner is well positioned to advance the proposed endeavor based on his education, skills, and record of success.
Evidence type: advanced degrees, publications, citations
USCIS finding: NOT_DISCUSSED
“SCOPS acknowledged the Petitioner's advanced degrees but did not address any other evidence in the record beyond generally acknowledging that the Petitioner provided information regarding his publications and citations to his work.”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: Waiving the job offer requirement would benefit the United States.
Evidence type: general assertions
USCIS finding: NOT_DISCUSSED
“SCOPS concluded that the Petitioner made '[g]eneral assertions' regarding the influence of his work in the field and that those assertions are insufficient to satisfy this prong.”
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 discussed green energy. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?