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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: Proposed endeavor has national importance
Evidence type: business plan, support letters, articles, economic projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“SCOPS found the Petitioner's proposed endeavor has substantial merit, but did not have national importance and thereby did not satisfy Dhanasar 's first prong requirements. We agree.”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner is well positioned to advance the proposed endeavor
Evidence type: employment letters, recommendation letters, expert letters
USCIS finding: INSUFFICIENT
“the Petitioner has not established her educational background to demonstrate she is prepared to pursue her endeavor.”
Decision PDF, p. 5Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: Waiver would benefit the United States
Evidence type: none specific
USCIS finding: INSUFFICIENT
“she has not demonstrated that the benefit of approving a national interest waiver on her behalf would supersede the benefits of protecting the domestic labor supply inherent in the labor certification process.”
Decision PDF, p. 6Open source PDF
Other findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“the Petitioner has also not established the intended occupation through which she intends to advance her proposed endeavor meets the definition of a profession.”
p. 4
“the Petitioner has not established that she holds the U.S. equivalent of a bachelor's degree.”
p. 3
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 business plan, support letters, articles, economic projections 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 employment letters, recommendation letters, expert letters insufficient to establish that petitioner is 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 none specific insufficient to establish that waiver would benefit the United States. What would make comparable evidence in my own case more persuasive?