occupational health and safety
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 will help resolve occupational shortages
Evidence type: none specified
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the alleged shortage of occupations or occupational skills does not render his proposed endeavor nationally important under the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Petitioner argued: letters of recommendation show broader impact
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters do not show the broader impact of the Petitioner's work rather than limited to his specific projects and clients”
Decision PDF, p. 3Open source PDF
Petitioner argued: skills and experience in occupational safety demonstrate national importance
Evidence type: none specified
USCIS finding: INSUFFICIENT
“the Petitioner's knowledge, skills, and abilities relate to the second prong of the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Petitioner argued: business plan projections show substantial positive economic effects
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner did not establish the significance of this data to show that the benefits to the regional or national economy would reach the level of 'substantial positive economic effects' contemplated by Dhanasar”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to broad impact on economy, worker health and safety, environmental protection, and society
Evidence type: articles, statistics, and general information
USCIS finding: INSUFFICIENT
“the matter here is not whether these issues are nationally important. Rather, the Petitioner must demonstrate the national importance of his specific, proposed endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: expert opinion letter supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the letter generally discusses the importance of various topics and subjects without showing the wider effect in the field of the Petitioner's particular proposed endeavor”
Decision PDF, p. 4Open 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
- Prong 1 (substantial merit & national importance) was not established here — specifically, that proposed endeavor will help resolve occupational shortages. What does my case need to show on this element?
- 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?