adaptive sports therapy
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 its impact on individuals with disabilities and economic benefits.
Evidence type: business plan, research studies
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan does not demonstrate the proposed endeavor's significant potential to either employ U.S. workers or to substantially impact the regional or national economy.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The petitioner is well positioned to advance the endeavor based on education, experience, and business plan.
Evidence type: letters, certifications, business plan
USCIS finding: INSUFFICIENT
“he has not provided evidence of qualifications beyond those expected of an adaptive sports instructor.”
Decision PDF, p. 5Open 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 business plan, research studies insufficient to establish that the proposed endeavor has national importance due to its impact on individuals with disabilities and economic benefits.. 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 letters, certifications, business plan insufficient to establish that the petitioner is well positioned to advance the endeavor based on education, experience, and business plan.. 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?