real estate development
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: business plan shows significant job creation and revenue
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized”
Decision PDF, p. 4Open source PDF
Petitioner argued: expert opinion letter supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the letter does not contain sufficient information and explanation of the Petitioner's proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: letters of recommendation support national importance
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters of recommendation add little probative value in establishing the Petitioner's eligibility under Dhanasar's first prong.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance because it addresses nationwide housing shortage and aligns with government initiatives
Evidence type: statistical information, government initiatives
USCIS finding: INSUFFICIENT
“the Petitioner has described worthy but broad ambitions without identifying or defining his specific endeavor beyond that of an intention to create residential and commercial properties through the work of his firm”
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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's business plan insufficient to establish that business plan shows significant job creation and revenue. 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?