information technology (IT)
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: The proposed endeavor has national importance due to its impact on clients and the IT field.
Evidence type: business plan, client letters, project example
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The business plan does not show how benefit to individual customers has broader implications that give national importance to the proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have national-level impact through innovations.
Evidence type: petitioner's assertions
USCIS finding: INSUFFICIENT
“These appear to be generic assertions about the IT field, and do not establish the impact of the Petitioner's work beyond benefit to his clients.”
page not extractedOpen source PDF
Petitioner argued: The proposed endeavor will have significant potential to employ U.S. workers.
Evidence type: business plan projections
USCIS finding: INSUFFICIENT
“the Petitioner has not established that the creation of eight jobs over five years has broader economic implications.”
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, client letters, project example insufficient to establish that the proposed endeavor has national importance due to its impact on clients and the IT field.. 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?