human resources
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 benefit underutilized business zones
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not adequately establish that increased employment in these designated underutilized business zones would have positive economic effects commensurate with national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: letters of recommendation support national importance
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the authors did not discuss the Petitioner's proposed endeavor or meaningfully demonstrate how it would have national importance for the United States.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to economic benefits and job creation
Evidence type: business plan, industry reports, articles
USCIS finding: INSUFFICIENT
“The Petitioner has not sufficiently documented the potential prospective impact of her proposed endeavor, including the asserted economic benefits to the United States and the areas it intends to serve.”
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 benefit underutilized business zones. 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?