financial 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 aligns with national initiatives.
Evidence type: Executive Order on Digital Assets
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not sufficiently explained the potential prospective impact or broader potential implications of her specific endeavor on the referenced digital assets initiatives.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The endeavor will have broader implications in the field.
Evidence type: business plan statements about innovation
USCIS finding: INSUFFICIENT
“The record does not support the business plan's statements that the Petitioner's firm would be 'introducing' decentralized finance solutions to the U.S. market or leading the advancement of innovations in this field.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan, government and industry reports, media articles
USCIS finding: INSUFFICIENT
“the Petitioner did not demonstrate the national importance of her proposed endeavor”
Decision PDF, p. 6Open source PDF
Petitioner argued: The endeavor will have substantial positive economic effects.
Evidence type: business plan with financial projections
USCIS finding: INSUFFICIENT
“the record does not establish that the business plan's financial and staffing projections are substantial enough to demonstrate national importance through job creation, revenue, and other economic benefits.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor promotes U.S. competitiveness in STEM.
Evidence type: policy manual reference
USCIS finding: INSUFFICIENT
“she does not sufficiently articulate how her work as a financial advisor would contribute to the United States maintaining technology leadership in this area.”
Decision PDF, p. 6Open source PDF
Petitioner argued: Reference letters support national importance.
Evidence type: reference letters
USCIS finding: INSUFFICIENT
“they do not discuss her specific proposed endeavor or speak to the potential broader implications of her work. As such, the letters are not probative of the Petitioner's eligibility under the first prong of Dhanasar.”
Decision PDF, p. 6Open 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 Executive Order on Digital Assets insufficient to establish that the endeavor aligns with national initiatives.. 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?