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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: The business will create jobs and have substantial positive economic effects.
Evidence type: business plan projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record lacks evidence showing that creating 12 direct jobs and 25 indirect jobs, and paying over $200,000 in taxes over a five-year period rises to the level of national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential broad implications on the field, U.S. economy, and society, and significant potential to employ U.S. workers.
Evidence type: business plan, opinion letter, media articles
USCIS finding: INSUFFICIENT
“The Petitioner has not sufficiently documented the potential prospective impact of his proposed endeavor, including the asserted broad impact on his field or economic benefits to the United States and the areas his business intends to serve.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor aligns with national initiatives like the American Rescue Plan.
Evidence type: opinion letter, articles
USCIS finding: INSUFFICIENT
“The importance of the U.S. government initiatives, such as the American Rescue Plan, is not in dispute, but their overall significance does not establish the national importance of the Petitioner's proposed endeavor in particular.”
Decision PDF, p. 6Open 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 projections insufficient to establish that the business will create jobs and have 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?