human resources
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: significant national-level economic impact
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“we specifically explained why the Petitioner's business plan and expert opinion letter were insufficient to establish the national importance of her proposed endeavor.”
Decision PDF, p. 2Open source PDF
Petitioner argued: national importance
Evidence type: business plan
USCIS finding: INSUFFICIENT
“we specifically explained why the Petitioner's business plan and expert opinion letter were insufficient to establish the national importance of her proposed endeavor.”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed endeavor would substantially benefit the U.S. economy
Evidence type: articles on small businesses
USCIS finding: INSUFFICIENT
“we determined the Petitioner did not establish the national importance of her proposed endeavor”
Decision PDF, p. 1Open source PDF
Petitioner argued: national relevance
Evidence type: letters from clients
USCIS finding: INSUFFICIENT
“we determined the Petitioner did not establish the national importance of her proposed endeavor”
Decision PDF, p. 1Open 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 expert opinion letter insufficient to establish that significant national-level economic impact. 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?