supply chain management and logistics

EB-2 National Interest Waiver — Merits Decision

2026-01-06·DISMISSED·IN RE: 40795232

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: The Beneficiary's work experience and background establish national importance.

Evidence type: opinion letter

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

the opinion letter primarily discusses the Beneficiary's background, the importance of the field of supply chain management in general, and describes the endeavor as being 'in line with' important national priorities.

Decision PDF, p. 4Open source PDF

Petitioner argued: The proposed endeavor has national importance because it aligns with federal government priorities and has potential for broad impact.

Evidence type: reports from government agencies

USCIS finding: INSUFFICIENT

these claims relate to the importance of supply chain management in general, and we agree with SCOPS that in considering national importance, we focus on the 'specific endeavor that the foreign national proposes to undertake.'

Decision PDF, p. 3Open 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 opinion letter insufficient to establish that the Beneficiary's work experience and background establish national importance.. 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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