art curation and cultural heritage
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 will have significant potential to employ U.S. workers or substantial positive economic effects
Evidence type: no evidence submitted
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner did not submit any documentation regarding the economic impact of the proposed center.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will enrich cultural and artistic tapestry of the U.S.
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“General letters praising the Petitioner's skills as a curator, without establishing how her activities will impact the nation or a broader regional population, are not probative for this prong.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have broader implications for U.S. cultural, educational, or social systems
Evidence type: letter of intent from a museum
USCIS finding: INSUFFICIENT
“Expressions of intent to collaborate do not establish the scale, scope or broader impact of the endeavor.”
Decision PDF, p. 3Open 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 no evidence submitted insufficient to establish that the proposed endeavor will have significant potential to employ U.S. workers or substantial positive economic effects. 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?