financial advisory and insurance

EB-2 National Interest Waiver — Merits Decision

2025-12-09·DISMISSED·IN RE: 40474254

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: proposed endeavor would have significant potential to employ U.S. workers or substantial positive economic effects

Evidence type: business plan, assertions

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the record does not establish that the Petitioner's endeavor 'has significant potential to employ U.S. workers or has other substantial positive economic effects'

Decision PDF, p. 5Open source PDF

Petitioner argued: proposed endeavor has national importance due to alignment with U.S. government initiatives and broad economic impact

Evidence type: business plan, letters, assertions

USCIS finding: INSUFFICIENT

the record does not establish its national importance.

Decision PDF, p. 2Open source PDF

Petitioner argued: proposed endeavor would have national impact on financial literacy, inclusion, fraud prevention, etc.

Evidence type: RFE response, assertions

USCIS finding: INSUFFICIENT

the Petitioner did not describe in detail the strategies and initiatives he would design, nor how they would specifically improve access to essential financial tools

Decision PDF, p. 4Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

What 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, assertions insufficient to establish that proposed endeavor would have significant potential to employ U.S. workers or 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?
See similar decisionsHow this data was built