electric-vehicle (EV) industry…
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations (SCOPS)
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor would have national economic importance due to opportunity zones
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not detailed or estimated how many jobs or how much revenue his proposed consulting business would generate.”
Decision PDF, p. 8Open source PDF
Petitioner argued: proposed consulting services have broad applicability and scalability
Evidence type: business plan
USCIS finding: INSUFFICIENT
“The Petitioner, however, has not sufficiently substantiated the purported potential sector-wide effect of his proposed services.”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to addressing critical national concerns such as decarbonization and energy efficiency
Evidence type: expert letters
USCIS finding: INSUFFICIENT
“the expert letters that the Petitioner submitted primarily discuss his past accomplishments in his field. They do not detail his proposed endeavor or explain how the venture would more broadly affect his field or the national economy.”
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 insufficient to establish that proposed endeavor would have national economic importance due to opportunity zones. 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?