accounting and finance management
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 proposed endeavor has substantial merit and national importance.
Evidence type: business plan, letters of support, economic impact analysis, letter from state representative
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner has not provided sufficient evidence to demonstrate that he has developed an endeavor that would broadly improve financial literacy, reduce household debt, or otherwise have a level of impact within a particular field on a scale commensurate with national importance.”
Decision PDF, p. 6Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The individual is well-positioned to advance the proposed endeavor.
Evidence type: letters of support, business plan
USCIS finding: INSUFFICIENT
“Because the Petitioner has not provided evidence of a comprehensive endeavor, we are unable to determine whether he meets the requirements of Dhanasar's second prong.”
Decision PDF, p. 6Open source PDF
Prong 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, letters of support, economic impact analysis, letter from state representative insufficient to establish that the proposed endeavor has substantial merit and national importance.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's letters of support, business plan insufficient to establish that the individual is well-positioned to advance the proposed endeavor.. 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?