computer engineering and IT consulting
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 endeavor will help credit unions in New Jersey meet their clients' needs, increase efficiency, and protect client information.
Evidence type: updated national importance statement
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence here shows the services the Petitioner intends to provide to her direct clients, but it does not show how her services will impact the field more broadly to have national or global implications.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects both regionally and across the Nation.
Evidence type: no specific evidence cited
USCIS finding: INSUFFICIENT
“No reference was made to any error in the Director's analysis, or why the Petitioner's proposed endeavor would have substantial positive economic effects.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor is of national importance because of the importance of cybersecurity and a thriving digital banking ecosystem.
Evidence type: reports, articles, research, personal statement, national importance statement
USCIS finding: INSUFFICIENT
“the Petitioner improperly relies upon the importance of the industry to establish the national importance of her proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has significant potential to employ U.S. workers with the intent to hire seven employees.
Evidence type: intent to hire seven employees
USCIS finding: INSUFFICIENT
“The record does not establish a prospective broader impact with this number of workers and therefore does not rise to the level of 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 updated national importance statement insufficient to establish that the endeavor will help credit unions in New Jersey meet their clients' needs, increase efficiency, and protect client information.. 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?