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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: government reports support national importance
Evidence type: government reports and articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“his brief provides no analysis of how these articles provide new facts such that they have the potential to change the decision's outcome. In addition, none of the articles or reports address the specifics of the Petitioner's proposed endeavor.”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed endeavor is nationally important
Evidence type: client list
USCIS finding: INSUFFICIENT
“the Petitioner did not provide supporting evidence to indicate the specific work he did for all of these clients and more importantly, did not show how working for these clients evidences the national importance of his proposed endeavor.”
Decision PDF, p. 2Open source PDF
Petitioner argued: work has influenced industry
Evidence type: articles by others
USCIS finding: INSUFFICIENT
“the Petitioner's contentions without any supporting documentation, is not sufficient evidence to establish his claim that his work has influenced his industry or field.”
Decision PDF, p. 2Open source PDF
Petitioner argued: military service demonstrates national importance
Evidence type: military documents
USCIS finding: INSUFFICIENT
“this evidence alone does not demonstrate that his proposed endeavor has national importance.”
Decision PDF, p. 2Open 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 government reports and articles insufficient to establish that government reports support 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?