facility management
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: model has documented third-party demand via letters of intent
Evidence type: letters of intent
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“they do not provide sufficient information to demonstrate her endeavor would have the significant economic or broader impacts claimed”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to addressing urgent need for resilient infrastructure management
Evidence type: articles and reports
USCIS finding: INSUFFICIENT
“they do not establish with specificity how the Petitioner's work would impact these areas to show its national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: expert opinion that endeavor is nationally important
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“his opinion is general in nature and does not meaningfully address the details of the Petitioner's specific proposed endeavor”
Decision PDF, p. 5Open source PDF
Petitioner argued: successful pilot with 32% reduction in costs and $2.8 million savings
Evidence type: support letters and slide decks
USCIS finding: INSUFFICIENT
“aside from her own assertions, she has provided little objective, supporting evidence to corroborate her claims”
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 letters of intent insufficient to establish that model has documented third-party demand via letters of intent. 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?