financial services
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: company will have significant potential to employ U.S. workers
Evidence type: business plan projecting employees, letters of interest
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not contain sufficient details and supporting evidence to demonstrate how her company will reach the stated economic impact objectives, including in economically distressed areas; what funds have been committed to pay for potential workers and business expenses; and overall, how her proposed endeavor will substantially impact job creation and economic growth in the region or nation.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance because it will improve economic stability, reduce debt and bankruptcy, prevent financial scams, encourage entrepreneurial growth, and enhance retirement planning
Evidence type: business plan, articles, recommendation letters
USCIS finding: INSUFFICIENT
“the record contained insufficient evidence to demonstrate the Petitioner's endeavor has a potential for national implications within a particular field.”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed services have implications within the financial industry and will significantly impact the well-being of people living in economically distressed areas
Evidence type: articles discussing importance of STEM and financial services careers
USCIS finding: INSUFFICIENT
“the articles, reports, and letters failed to establish that the Petitioner's specific endeavor has national implications, significant potential to employ U.S. workers, or otherwise offers substantial positive economic effects for the United States.”
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 projecting employees, letters of interest insufficient to establish that company will have significant potential to employ U.S. workers. 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?