business management and software…
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 endeavor will have significant potential to employ U.S. workers and positive economic effects.
Evidence type: hiring plans, economic projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the information he submitted only indicates that he has hired four employees and plans to hire a total of five employees by the fifth year.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will enhance U.S. economic competitiveness and address social isolation.
Evidence type: business plan, industry reports, expert letters
USCIS finding: INSUFFICIENT
“the Petitioner has not demonstrated that his proposed endeavor offers broader implications in his field or substantial positive economic effects for the country that rise to the level of national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor aligns with national initiatives to address mental health crisis.
Evidence type: letters, policy alignment
USCIS finding: INSUFFICIENT
“alignment with general national goals, in and of itself, does not necessarily establish that the Petitioner's endeavor rises to the level of national importance.”
Decision PDF, p. 5Open 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 hiring plans, economic projections insufficient to establish that the endeavor will have significant potential to employ U.S. workers and 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?