language education
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 curriculum development would have broader implications beyond the classroom.
Evidence type: letter of recommendation from Dr. S-D-
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Dr. S-D- does not elaborate on how this would result in broader implications to the field, beyond the prospective impact to her students, or students in her school district.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it contributes to language education and has broader implications.
Evidence type: professional plan, industry articles, recommendation letters
USCIS finding: INSUFFICIENT
“the record does not establish that the endeavor rises to the level of national importance as contemplated in Dhanasar.”
Decision PDF, p. 2Open source PDF
Petitioner argued: The endeavor would have substantial positive economic effects.
Evidence type: no specific evidence
USCIS finding: INSUFFICIENT
“Nor has the Petitioner shown that her proposed work has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects for our nation.”
Decision PDF, p. 5Open 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 letter of recommendation from Dr. S-D- insufficient to establish that the curriculum development would have broader implications beyond the classroom.. 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?