sales and marketing
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 has national importance because it will enhance sales and marketing strategies of small and medium-sized businesses, stimulate economic growth, and create jobs.
Evidence type: business plan, statements
U.S. Citizenship and Immigration Services (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 clients.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have significant potential to employ U.S. workers and substantial positive economic effects.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the plan does not provide sufficient detail of the basis for these projections or adequately explain how these sales and staffing targets will be realized.”
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 business plan, statements insufficient to establish that the proposed endeavor has national importance because it will enhance sales and marketing strategies of small and medium-sized businesses, stimulate economic growth, and create jobs.. 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?