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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 due to alignment with regional revitalization goals.
Evidence type: letters from state and local economic development agencies (not provided)
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“he has not provided such evidence on appeal or explained why he was unable to provide it previously”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance based on resume, professional plan, letters, and industry reports.
Evidence type: resume, professional plan, letters of recommendation, industry reports and articles
USCIS finding: INSUFFICIENT
“the Petitioner has not specified how the documents he references on appeal establish his eligibility for the national interest waiver as claimed”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to job creation and revenue generation.
Evidence type: business plan with financial projections
USCIS finding: INSUFFICIENT
“SCOPS acknowledged the staffing and revenue projections in the business plan, but determined that these were not sufficiently probative.”
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 from state and local economic development agencies (not provided) insufficient to establish that the proposed endeavor has national importance due to alignment with regional revitalization goals.. 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?