real estate consulting
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: The endeavor will have significant potential to employ U.S. workers and generate substantial tax revenue.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the business plan provides little explanation and objective basis of these projections”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor will provide training and publish research on the real estate industry, leading to broader implications.
Evidence type: business plan addendum, published articles
USCIS finding: INSUFFICIENT
“he does not explain how any prospective training would impact the field at a level commensurate with national importance.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The endeavor will increase availability of low-income housing to address housing shortage crisis.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the business plan in the record does not support this assertion or establish how the Petitioner intends to do so”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will result in increased economic activity, job creation, and strengthening of small and medium-sized businesses.
Evidence type: business plan, expert opinion letter, articles, industry reports, government fact sheets
USCIS finding: INSUFFICIENT
“the record does not support his assertions that his work will result in broader implications to the field, beyond the potential benefits to his immediate customers.”
Decision PDF, p. 5Open 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 business plan insufficient to establish that the endeavor will have significant potential to employ U.S. workers and generate substantial tax revenue.. 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?