fitness and health
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The endeavor is innovative and sets a new standard for personalized fitness solutions.
Evidence type: letters in the record
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not sufficiently established particular innovation in the services he offers to his clients, the extent to which his endeavor is distinguishable from others in the field, and how these innovations would have national implications in the field of health and fitness.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor has substantial potential for economic impact including contributions to GDP, tax revenues, and employment.
Evidence type: profit and employment figures, projections
USCIS finding: INSUFFICIENT
“the Petitioner has not submitted documentation demonstrating these projections result in benefits to the regional or national economy to the level of 'substantial positive economic effects'”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor aligns with national health priorities and has broader impact through expert opinion, support letters, client testimonials, and business plan.
Evidence type: expert opinion and support letters, client testimonials, business plan
USCIS finding: INSUFFICIENT
“the Petitioner has not demonstrated his contributions to the health and fitness field has a wider impact beyond his own business and clients, and at a level commensurate with national importance.”
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 letters in the record insufficient to establish that the endeavor is innovative and sets a new standard for personalized fitness solutions.. 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?