business consulting
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it strengthens small and medium sized U.S. businesses.
Evidence type: business plan, letters of support, industry articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner has not demonstrated that her proposed endeavor would help businesses on a scale that would result in substantial positive economic effects.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential prospective impact.
Evidence type: business plan, financial projections
USCIS finding: INSUFFICIENT
“the Petitioner has not demonstrated that her company's future staffing levels and business activity stand to provide substantial positive economic benefits in Florida or the United States.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has broader implications in the field of business consulting.
Evidence type: business plan, description of three-stage model
USCIS finding: INSUFFICIENT
“The Petitioner has not demonstrated how this approach is novel and that it would have broader implications within her field, the business consulting industry.”
Decision PDF, p. 4Open 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, letters of support, industry articles insufficient to establish that the proposed endeavor has national importance because it strengthens small and medium sized U.S. businesses.. 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?