social work
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: research supports national importance
Evidence type: industry research
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“this evidence did not concern her specific endeavor of organizing workshops in an attempt to socially engaged young people.”
Decision PDF, p. 2Open source PDF
Petitioner argued: expert opinion letters support national importance
Evidence type: expert opinion letters
USCIS finding: INSUFFICIENT
“they did not discuss the Petitioner's proposed future endeavor in sufficient detail”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: personal statement
USCIS finding: INSUFFICIENT
“the Petitioner has not shown that her proposed endeavor stands to sufficiently extend beyond her own company and the youth and families it seeks to help to impact the fields of pedagogy and social work or the U.S. economy more broadly at a level commensurate with national importance.”
Decision PDF, p. 2Open source PDF
Petitioner argued: business plan supports national importance
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the business plan was fully reviewed and evaluated based on the Matter of Dhanasar”
Decision PDF, p. 2Open 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 industry research insufficient to establish that research supports 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?