agribusiness development
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 proposed endeavor has significant potential to employ U.S. workers and substantial positive economic effects.
Evidence type: business plan with financial projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The business plan makes various projections that the company will purportedly achieve in five years, such as increasing the sales forecast from the negative in year one to $696,190 by year five. In addition, the business plan indicated the company will hire 5 employees in year one that will increase to 24 employees by year five. However, 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
Petitioner argued: The proposed endeavor has national importance because it will introduce technological advances to agricultural businesses and contribute to the growth of the U.S. economy.
Evidence type: business plan, industry articles and reports
USCIS finding: INSUFFICIENT
“the evidence does not sufficiently demonstrate that the Petitioner's specific undertaking stands to have an impact beyond the organizations and clients he would serve, or that his proposed work would otherwise have broader implications for the consultancy and agricultural industries or initiatives.”
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 with financial projections insufficient to establish that the proposed endeavor has significant potential to employ U.S. workers and 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?