aviation maintenance
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance
Evidence type: general assertions about aviation industry importance
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the petition rests largely on the general assertion that, because the aviation industry is important, efforts to improve that industry have national importance. But without further details about the nature and extent of the expected improvements, supported by reliable evidence, such general assertions do not suffice to meet the Petitioner's burden of proof.”
page not extractedOpen source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: statement of capability and intention
USCIS finding: INSUFFICIENT
“The Petitioner has not established that his proposed endeavor has advanced beyond a general intention to use SMED to expedite aircraft inspections.”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“In the absence of affirmative documentary evidence to establish that the Petitioner is a member of the professions and seeks employment in a profession, we conclude that the Petitioner has not met his burden of proof to establish that he qualifies as a member of the professions.”
p. 7
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 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 general assertions about aviation industry importance insufficient to establish that proposed endeavor has national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's statement of capability and intention insufficient to establish that well positioned to advance the proposed endeavor. 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?