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EB-2 National Interest Waiver — Merits Decision

2026-04-02·DISMISSED·IN RE: 42138059

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: proposed endeavor has national importance

Evidence type: letters of recommendation

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the letters do not include persuasive and corroborating information about the Petitioner's proposed endeavor and its impact rising to the level of national importance.

Decision PDF, p. 4Open source PDF

Petitioner argued: proposed endeavor has national importance due to alignment with federal programs

Evidence type: government program documentation

USCIS finding: INSUFFICIENT

they do not address the Petitioner's specific proposed endeavor and its impact rising to the level of national importance.

page not extractedOpen source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

What 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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's letters of recommendation insufficient to establish that proposed endeavor has national importance. 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?
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