computer systems…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The expert opinion supports the national importance of the proposed endeavor.
Evidence type: expert opinion
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the advisory opinion is of little probative value as it does not meaningfully address the details of the Petitioner's specific proposed endeavor and why it would have national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will have broad economic impact by increasing revenue and creating jobs.
Evidence type: professional plan
USCIS finding: INSUFFICIENT
“The Petitioner's professional plan does not provide sufficient detail beyond generalized projections of 'boosting software sales,' 'increas[ing] employee efficiency,' and 'job creation.'”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its impact on IT and cybersecurity.
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“Much of the Petitioner's evidence relates to the IT industry generally, rather than his specific proposed endeavor.”
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 expert opinion insufficient to establish that the expert opinion supports the national importance of the proposed endeavor.. 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?