English language instruction
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 due to its potential to address critical societal and economic challenges in the United States.
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish that the endeavor will have a measurable impact beyond the immediate community it serves to reach the level of national or even global impact.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor aligns with federal priorities and national initiatives.
Evidence type: personal statement
USCIS finding: INSUFFICIENT
“Merely working in an important field and the endeavor's alignment with government initiatives alone is insufficient for national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor will create jobs and have substantial positive economic effects.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner does not provide sufficient detail of the basis of these projections or adequately explain how these staffing targets and revenue forecasts will be realized.”
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.
Describe your situation →Related decisions
Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's expert opinion letter insufficient to establish that the proposed endeavor has national importance due to its potential to address critical societal and economic challenges in the United States.. 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?