financial management
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: professional plan, expert opinion, letters of recommendation, industry reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish how the Petitioner will impact the industry beyond the immediate benefits she may provide to her prospective employers or customers.”
Decision PDF, p. 4Open source PDF
Petitioner argued: work will result in substantial improvements to the industry through emerging technologies
Evidence type: professional plan
USCIS finding: INSUFFICIENT
“the record does not establish how the Petitioner will impact the industry beyond the immediate benefits she may provide to her prospective employers or customers.”
Decision PDF, p. 4Open source PDF
Petitioner argued: endeavor has significant potential to employ U.S. workers or substantial positive economic effects
Evidence type: industry reports
USCIS finding: INSUFFICIENT
“the record does not contain provided projected employment numbers and revenue growth contributable to her specific endeavor to establish how her endeavor will result in substantial economic benefits discussed in Dhanasar.”
page not extractedOpen 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 professional plan, expert opinion, letters of recommendation, industry reports insufficient to establish that proposed endeavor has substantial merit and 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?