sustainable design and urban planning
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations (SCOPS)
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor will have broader economic effects
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish that employing the services listed in the business plan would show the type of substantial positive economic effects”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: expert opinion
USCIS finding: INSUFFICIENT
“This conclusion lacks sufficient analytical support, and it conflates alignment with national initiatives with the endeavor's importance.”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance because it will generate revenue, create jobs, and improve societal health and urban sustainability
Evidence type: personal statement
USCIS finding: INSUFFICIENT
“the evidence does not sufficiently demonstrate the proposed endeavor's national importance.”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance due to affordable housing initiatives
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“these reports are not specific to the Petitioner's 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
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's business plan insufficient to establish that proposed endeavor will have broader economic effects. 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?