management science and engineering
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
PASSProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner's education and certifications show he is well positioned
Evidence type: degrees and qualification certificates
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“his educational qualifications, on their own, are insufficient to demonstrate that he is well positioned to advance the specific proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: Job announcements show required knowledge for the endeavor
Evidence type: job announcements
USCIS finding: INSUFFICIENT
“neither of these positions appear to be related to the petitioner's proposed endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: Business model shows plan for future activities
Evidence type: business model
USCIS finding: INSUFFICIENT
“the business model's descriptions of the petitioner's plans to advance his endeavor in the U.S. remains broad, and does not provide sufficient detail as to the specific steps, projects, and/or partnerships”
Decision PDF, p. 7Open source PDF
Petitioner argued: Comparison with competitors shows progress
Evidence type: chart comparing start-ups
USCIS finding: INSUFFICIENT
“the Petitioner did not sufficiently corroborate his assertions”
Decision PDF, p. 3Open 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's degrees and qualification certificates insufficient to establish that petitioner's education and certifications show he is well positioned. 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?