web development and digital design
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The Petitioner possesses extensive knowledge and experience in software programs that can improve the professional environment.
Evidence type: letters of recommendation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these letters do not discuss the Petitioner's specific proposed endeavor or offer concrete examples or detailed explanations demonstrating its national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor addresses national labor shortage in technology sector and provides IT and STEM education to underserved learners.
Evidence type: industry reports, articles
USCIS finding: INSUFFICIENT
“the record does not include adequate corroborating evidence, to show that the Petitioner's specific proposed endeavor offers broader implications in his field, enhancements to U.S. societal welfare, or substantial positive economic effects for the country that rise to the level of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance due to alignment with national workforce shortages, technological competitiveness, and STEM education priorities.
Evidence type: resume, business plan, letters of support, statements of intent to invest, industry reports and articles
USCIS finding: INSUFFICIENT
“the evidence does not establish that operating his web development and digital training consultancy will have broader implications or influence in his field that will rise to the level of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor has broad labor market implications and potential economic multiplier effects, expecting to hire 23 employees and generate net profit of $1,138,200 by fifth year.
Evidence type: business plan, projections
USCIS finding: INSUFFICIENT
“the Petitioner does not provide sufficient detail regarding the basis for these projections or adequately explain how the proposed staffing targets and revenue forecasts will be reached.”
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 letters of recommendation insufficient to establish that the Petitioner possesses extensive knowledge and experience in software programs that can improve the professional environment.. 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?