civil engineering and real estate…
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
FAILPetitioner argued: proposed endeavor has national importance due to innovations in real estate and economic impact
Evidence type: letters of recommendation, expert opinion letter, business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not sufficiently detail the prospective impact of the proposed endeavor”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner is well-positioned to advance the endeavor based on education, experience, and business plan
Evidence type: business plan, bank statements, recommendation letters
USCIS finding: INSUFFICIENT
“the record lacks documentation of any progress towards achieving the proposed endeavor”
Decision PDF, p. 5Open source PDF
Prong 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 letters of recommendation, expert opinion letter, business plan insufficient to establish that proposed endeavor has national importance due to innovations in real estate and economic impact. 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 business plan, bank statements, recommendation letters insufficient to establish that petitioner is well-positioned to advance the endeavor based on education, experience, and business plan. 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?