industrial maintenance and technical…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor will have substantial positive economic effects, generating $7.24 million in revenue and $3.35 million in wages for 25 workers over five years.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The business plan, however, does not explain how these forecasts were calculated or adequately clarify how these projections will be realized, nor has the Petitioner provided independent evidence or otherwise explained how his business would create jobs at a level that would have a significant impact in a region or have a prospective national impact on a specific field.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor is of national importance as supported by an expert opinion letter.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“The letter, however, does not offer information to illustrate how the Petitioner's company would more broadly impact the industry or the economy.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it aligns with national initiatives in advanced manufacturing and clean energy.
Evidence type: reports
USCIS finding: INSUFFICIENT
“However, it is not the overall importance of the industry, field, or profession in which an individual intends to work, but the particular endeavor on which an individual intends to embark that we consider in evaluating whether it is of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will address labor shortages in skilled trades by providing technical training.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record does not adequately support a determination that the Petitioner's training ventures offer broad implications for the skilled-trades workforce or for the economies in which individual positions may be filled.”
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 business plan insufficient to establish that the proposed endeavor will have substantial positive economic effects, generating $7.24 million in revenue and $3.35 million in wages for 25 workers over five years.. 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?