compliance and financial governance
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 endeavor will benefit the entire American financial investment community by facilitating and promoting their business investment in China.
Evidence type: general assertions
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not adequately explained, and the record does not show, how these activities would sufficiently extend beyond the individuals attending these events or engaged with these "media technologies" to affect the field, region, or nation more broadly at a level commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor will create jobs and have substantial positive economic effects.
Evidence type: career plan with financial projections
USCIS finding: INSUFFICIENT
“the Petitioner did not demonstrate the relevance of these numbers and show that such future staffing levels would provide substantial economic benefits to New York, where the company will be headquartered, or the U.S. economy more broadly at a level commensurate with national importance.”
Decision PDF, p. 4Open source PDF
Petitioner argued: Support letters establish national importance.
Evidence type: support letters
USCIS finding: INSUFFICIENT
“the letters do not discuss the Petitioner's specific proposed endeavor or impact thereof: they provide little relevant information in establishing how the proposed endeavor rises to the level of national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The endeavor is nationally important because the economy is inherently of national significance.
Evidence type: general conclusory statements
USCIS finding: INSUFFICIENT
“these claims linking the Beneficiary's proposed endeavor to these impacts are too attenuated and lack sufficient corroborating evidence to show the proposed endeavor's prospective impact.”
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 general assertions insufficient to establish that the endeavor will benefit the entire American financial investment community by facilitating and promoting their business investment in China.. 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?