corporate financial management services
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: significant potential to employ U.S. workers or substantial positive economic effects
Evidence type: business plan with EPI multiplier formula
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not sufficiently established that her proposed endeavor has the significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
Decision PDF, p. 4Open source PDF
Petitioner argued: innovative approach
Evidence type: personal statement
USCIS finding: INSUFFICIENT
“none of the tools or methodologies the Petitioner intends to use appear to be of such innovation”
Decision PDF, p. 4Open source PDF
Petitioner argued: endeavor's impact extends beyond clients
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner has not established that her proposed endeavor's impact will extend beyond her LLC's clients and customers”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: business plan, personal statement, letters of reference
USCIS finding: INSUFFICIENT
“the evidence does not meet the standard set forth in applicable law and policy”
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 business plan with EPI multiplier formula insufficient to establish that significant potential to employ U.S. workers or substantial positive economic effects. 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?