supply chain management
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: The proposed endeavor has national importance because it impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.
Evidence type: presidential executive order and DHS document
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“While these documents indicate the importance of supply chain management to the Federal government, they largely focus on its role in managing supply chains and do not specifically show the government's interest in the Petitioner's proposed endeavor in a manner that may indicate that it rises to the level of national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: The proposed endeavor will improve supply chain management of small and medium businesses in Texas and Louisiana.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“The Petitioner does not offer evidence to demonstrate or explain how hiring five employees shows the proposed endeavor's significant potential to employ U.S. workers.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national implications within the field of supply chain management for EPC companies because it will maximize worker productivity; minimize duplicate handling of material; lower the chance of theft; reduce material waste; and improve budget accuracy and forecasting.
Evidence type: general reference to evidence in aggregate
USCIS finding: INSUFFICIENT
“He does not otherwise specify this evidence or explain how it demonstrates the national importance of the proposed endeavor.”
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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's presidential executive order and DHS document insufficient to establish that the proposed endeavor has national importance because it impacts a matter that a government entity has described as having national importance or is the subject of national initiatives.. 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?