agro-industrial 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 will have broad national implications in operational efficiency, quality management, and sustainability practices.
Evidence type: business plan, expert opinion letter, industry articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not demonstrate how his services will address these challenges in the agriculture and manufacturing industries more broadly to have national or global implications as Dhanasar requires.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor impacts matters of national importance as described by government entities.
Evidence type: expert opinion letter, government strategic plans
USCIS finding: INSUFFICIENT
“the record must nevertheless establish how "the specific endeavor that the [Petitioner] proposes to undertake" may have "national or even global implications within a particular field”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor will create 20 jobs and have ripple effects.
Evidence type: business plan, expert opinion letter
USCIS finding: INSUFFICIENT
“the record does not establish that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects.
Evidence type: industry reports, articles
USCIS finding: INSUFFICIENT
“the record does not establish his proposed endeavor will have "substantial positive economic effects."”
Decision PDF, p. 4Open 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, expert opinion letter, industry articles insufficient to establish that the proposed endeavor will have broad national implications in operational efficiency, quality management, and sustainability practices.. 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?