logistics management
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: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these projections are not supported by details showing their basis or an explanation of how they will be achieved.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“The Petitioner's skills, knowledge, and prior work in his field, as well as interest from a potential customer, relate to the second prong of the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“The letter from Dr. V-L- does not contain sufficient information and explanation, nor does the record include adequate corroborating evidence, to show that the Petitioner's specific proposed work offers broader implications in his field or substantial positive economic effects for our nation that are indicative of its national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: articles
USCIS finding: INSUFFICIENT
“none of the articles mention the Petitioner or his company, or otherwise speak to the potential prospective impact of his specific proposed endeavor.”
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 business plan 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?