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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: proposed endeavor has national importance
Evidence type: personal statement, business plan, expert opinion letters, letter of intent, probative research
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“she did not offer sufficient information and evidence to demonstrate that the prospective impact of her proposed endeavor rose to the level of national importance”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: not specified
USCIS finding: INSUFFICIENT
“she did not establish that she was well-positioned to advance the proposed endeavor”
Decision PDF, p. 1Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would be beneficial to the United States
Evidence type: not specified
USCIS finding: INSUFFICIENT
“the record did not indicate, on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification”
Decision PDF, p. 1Open source PDF
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.
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 personal statement, business plan, expert opinion letters, letter of intent, probative research insufficient to establish that proposed endeavor has national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's not specified insufficient to establish that well positioned to advance the proposed endeavor. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's not specified insufficient to establish that waiver would be beneficial to the United States. What would make comparable evidence in my own case more persuasive?