rigging design in entertainment industry
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: Letters of recommendation show the impact of his proposed endeavor.
Evidence type: letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“they do not offer persuasive detail concerning the impact of his proposed endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have significant potential to employ U.S. workers and substantial positive economic effects.
Evidence type: claims about future business and mentoring
USCIS finding: INSUFFICIENT
“the record does not establish that the success of these projects was due to the Petitioner's specific endeavor”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance due to the importance of the entertainment industry and rigging design.
Evidence type: general statements about industry importance
USCIS finding: INSUFFICIENT
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The Petitioner is well-positioned to advance his proposed endeavor based on his credentials and experience.
Evidence type: resume and recommendation letters
USCIS finding: INSUFFICIENT
“the letters do not further elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field”
Decision PDF, p. 4Open source PDF
Petitioner argued: The Petitioner has made progress towards establishing his business.
Evidence type: no evidence submitted
USCIS finding: INSUFFICIENT
“the record lacks documentation of any progress towards achieving the proposed endeavor”
Decision PDF, p. 4Open source PDF
Prong 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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's letters of recommendation insufficient to establish that letters of recommendation show the impact of his proposed endeavor.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's resume and recommendation letters insufficient to establish that the Petitioner is well-positioned to advance his proposed endeavor based on his credentials and experience.. 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?