environmental 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: The proposed endeavor has national importance because it aligns with national initiatives and has broad impact.
Evidence type: opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the opinion letter bears minimal probative value because its unsubstantiated and conclusory statements provide little help in understanding evidence and determining relevant facts in issue”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential to transform environmental monitoring.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters do not substantiate their assertions regarding the proposed endeavor's transformative potential”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance because it provides environmental and topographical solutions.
Evidence type: personal statements and slideshow presentation
USCIS finding: INSUFFICIENT
“the record does not establish how the ability for users to 'generate environmental and topographical data insights for real-time decision-making across sectors such as agriculture, energy, and environmental protection' may have national or even global implications”
Decision PDF, p. 7Open 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 opinion letter insufficient to establish that the proposed endeavor has national importance because it aligns with national initiatives and has broad impact.. 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?