supply chain management and logistics

EB-2 National Interest Waiver — Merits Decision

2024-06-11·DISMISSED·IN RE: 30585778

Underlying petition: DENIED · Texas Service Center

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: endeavor will have broader impact on field

Evidence type: reference letters

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

he has not established through independent evidence that his endeavor will impact the field of supply chain management more broadly.

Decision PDF, p. 4Open source PDF

Petitioner argued: proposed endeavor has national importance due to supply chain importance

Evidence type: industry reports and government fact sheets

USCIS finding: INSUFFICIENT

None of the reports provided discuss the Petitioner's specific endeavor or its impact.

Decision PDF, p. 6Open source PDF

Petitioner argued: business will have substantial positive economic effects

Evidence type: business plan

USCIS finding: INSUFFICIENT

the plan does not sufficiently detail the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and staffing projections will be realized.

Decision PDF, p. 5Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

What 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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's reference letters insufficient to establish that endeavor will have broader impact on field. 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?
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