industrial engineering
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance due to economic impact
Evidence type: business plan financial projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these figures, which the Petitioner claims represent potentially significant economic impact, lack corroborating evidence that would objectively substantiate them.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: business plan, support letters, industry reports
USCIS finding: INSUFFICIENT
“the record does not establish that it would have significant potential to employ U.S. workers, have substantial positive economic impact, broadly impact the industry beyond his career and potential customers, or otherwise have broader economic or societal implications rising to the level of national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to indirect job creation
Evidence type: assertions
USCIS finding: INSUFFICIENT
“the record does not support that the claimed indirect impact would be directly attributable to his proposed work.”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to investment interest
Evidence type: letters of intent
USCIS finding: INSUFFICIENT
“they do not contain any detail as to the economic impact the Petitioner claims the potential investments would generate, and they do not speak to his specific proposed endeavor or how it has broader implications to the field and industry beyond his own business and clients.”
Decision PDF, p. 5Open 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 financial projections insufficient to establish that proposed endeavor has national importance due to economic impact. 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?