foreign trade and business intelligence
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance due to maritime security and trade efficiency
Evidence type: government website materials, letters, business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner has not shown how his proposed platform would represent enough of an improvement to warrant a waiver of the labor certification and job offer requirements”
Decision PDF, p. 6Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor because platform is operational and being piloted
Evidence type: business plan, emails, letters
USCIS finding: INSUFFICIENT
“the Petitioner has not shown that he is well positioned to advance the proposed endeavor.”
Decision PDF, p. 8Open source PDF
Prong 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 government website materials, letters, business plan insufficient to establish that proposed endeavor has national importance due to maritime security and trade efficiency. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's business plan, emails, letters insufficient to establish that well positioned to advance the proposed endeavor because platform is operational and being piloted. 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?