business administration
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: educational records, training certificates, employment verification, salary records, professional identification, performance awards, support letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner has not explained how this evidence is relevant to national importance as it points to the Petitioner's past accomplishments and experiences, not the specific endeavor's potential impact in the business field.”
Decision PDF, p. 3Open source PDF
Petitioner argued: employment will have ripple effects on the U.S. economy and will be a major economic contributor
Evidence type: appeal brief
USCIS finding: INSUFFICIENT
“the Petitioner has not supported her claims with evidence to establish how the economic activity of her proposed endeavor as an individual business administrator would rise to the level of national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: expert opinion letter from Dr.
USCIS finding: INSUFFICIENT
“the advisory opinion is of little probative value as Dr. evaluation of national importance does not adequately address the requirements of Dhanasar regarding national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: business administrator will broadly impact various areas since business management is the backbone of any given business establishment
Evidence type: appeal brief
USCIS finding: INSUFFICIENT
“The evidence provided does not demonstrate that this specific endeavor is of national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: skills deeply differ from others and will offer business solutions beyond local community
Evidence type: appeal brief
USCIS finding: INSUFFICIENT
“the brief does not supply sufficient explanations to clarify how her skills differ deeply or what solutions she will offer to benefit the community.”
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 educational records, training certificates, employment verification, salary records, professional identification, performance awards, support letters 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?