dental field
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: proposed endeavor will have substantial positive economic effects
Evidence type: business plan, tax professional letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish that the specific endeavor he proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to importance of dental field
Evidence type: articles about oral health
USCIS finding: INSUFFICIENT
“the articles are about the field and industry as a whole... it does not speak to the Petitioner's specific endeavor and its impact on the industry”
page not extractedOpen source PDF
Petitioner argued: proposed endeavor impacts a matter of national importance
Evidence type: government initiatives
USCIS finding: INSUFFICIENT
“the Petitioner has not submitted sufficient evidence of the impact of his proposed endeavor on these national initiatives”
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, tax professional letter insufficient to establish that proposed endeavor will 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?