tourism and hospitality management
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · SCOPS
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: articles and reports support national importance
Evidence type: articles and reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the submitted articles and reports did not address the specific endeavor the Petitioner proposed to undertake and how the potential prospective impact of the specific endeavor may have broader implications indicative of national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed endeavor meets national importance requirements
Evidence type: personal statement, expert opinion letters, industry reports and research
USCIS finding: INSUFFICIENT
“the record did not show through supporting documentation how her endeavor sufficiently extends beyond her prospective employers or clients to impact the field or the U.S. economy more broadly at a level commensurate with national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: innovations in hospitality field support national importance
Evidence type: evidence of innovations
USCIS finding: INSUFFICIENT
“the evidence did not establish any specific innovation connected with the proposed endeavor that would be distinguishable from current practices within the related fields.”
Decision PDF, p. 2Open source PDF
Petitioner argued: opinion letters support national importance
Evidence type: expert opinion letters
USCIS finding: INSUFFICIENT
“they did not specifically address how the Petitioner's proposed endeavor could have national implications within the field of hospitality, significant potential to employ U.S. workers or other substantial positive economic effects, or other indicators of national importance as contemplated by Dhanasar.”
Decision PDF, p. 2Open 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 articles and reports insufficient to establish that articles and reports support national importance. 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?