early childhood education and special…
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: The opinion letter states the proposed endeavor has national importance based on the Petitioner's knowledge and experience.
Evidence type: opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The opinion's general assertions that the proposed business would have economic benefits for the United States without providing a credible basis for these assertions is not sufficient to demonstrate a significant economic or social welfare potential as contemplated by Dhanasar.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The business plan projects job creation and economic benefits, including hiring four employees, paying $135,302 in salaries and benefits, and paying approximately $18,000 in taxes in five years.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“Even if we were to assume everything the Petitioner claims will happen, the record lacks evidence showing that creating four jobs and paying over $135,000 in salaries and $18,000 in taxes by the business' fifth year rises to the level of national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor aligns with U.S. government initiatives such as the American Rescue Plan and policy guidance from the U.S. Department of Education and the U.S. Department of Labor.
Evidence type: government policy documents
USCIS finding: INSUFFICIENT
“the importance of the U.S. government initiatives, such as the American Rescue Plan and other U.S. government agency policies, is not in dispute, but their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.”
Decision PDF, p. 6Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential social welfare and economic impacts, addressing teacher shortages, creating jobs, fostering economic growth, improving early childhood education, and reducing education inequality.
Evidence type: business plan, opinion letter, industry reports, articles, government policy documents
USCIS finding: INSUFFICIENT
“The record does not demonstrate that her proposed endeavor has the potential to extend beyond her business and her future clients to impact her field, the U.S. economy, social welfare, or nationally important matters more broadly at a level commensurate with national importance.”
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 opinion letter insufficient to establish that the opinion letter states the proposed endeavor has national importance based on the Petitioner's knowledge and experience.. 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?