early childhood education
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: proposed endeavor is nationally important because it will contribute to the national economy through employment, taxes, and improving labor market conditions; enhance social welfare; and is subject of federal initiatives
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the assertions made in the expert opinion letter, regarding the societal contributions her proposed endeavor may make to its target audiences ... are furthermore not corroborated in the record to establish the proposed endeavor would have national-level impact”
page not extractedOpen source PDF
Petitioner argued: proposed endeavor will create jobs and generate tax revenue
Evidence type: business plans
USCIS finding: INSUFFICIENT
“the unsupported revenue and employment projections provided and the general conclusions in both the business plans and the expert opinion letter are insufficient to demonstrate that the proposed endeavor would have national-level economic implications”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor will have national impact in early childhood education
Evidence type: letters of recommendation and articles
USCIS finding: INSUFFICIENT
“the letters of recommendation and articles submitted by the Petitioner do not address the specific endeavor or the services the Petitioner would provide through her company as part of her endeavor, nor do they discuss with any specificity the impact or broader implications of those plans”
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 expert opinion letter insufficient to establish that proposed endeavor is nationally important because it will contribute to the national economy through employment, taxes, and improving labor market conditions; enhance social welfare; and is subject of federal initiatives. 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?