enterprise software and automation…
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 national importance because it will create jobs and have substantial positive economic effects.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not provide evidentiary support for the stated financial projections”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance as supported by expert letters.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the majority of the letters in the record focus on the Petitioner's skill set and the impact of the Petitioner's prior work and not the prospective impact of the proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential to enhance U.S. economic competitiveness, supply chain security, and technological leadership.
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“the evidence in the record does not support these asserted prospective impacts.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it aligns with government initiatives.
Evidence type: executive orders and federal goals
USCIS finding: INSUFFICIENT
“it does not further the Petitioner's claim of his proposed endeavor's national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: industry reports and articles
USCIS finding: ACCEPTED
“We conclude the Petitioner's proposed endeavor has substantial merit.”
Decision PDF, p. 2Open source PDF
Petitioner argued: The proposed endeavor has national importance because it is replicable and will have broad impact.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the evidence here shows the services the Petitioner intends to provide to his direct clients, but it does not establish how his services will impact the field more broadly to have national or global 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 insufficient to establish that the proposed endeavor has national importance because it will create jobs and have substantial positive economic effects.. 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?