early childhood education
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: The endeavor will have substantive positive economic effects in an economically depressed area
Evidence type: assertion without corroborating evidence
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not provided evidence that the area where her company intends to operate is economically depressed, that it would employ a significant population of workers in that area, or that her endeavor would offer the region or its population a substantial economic benefit”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance
Evidence type: business plan with staffing and revenue projections
USCIS finding: INSUFFICIENT
“these projections are not supported by details showing their basis, nor do they sufficiently demonstrate a significant potential to either employ U.S. workers or to substantially impact the regional or national economy”
Decision PDF, p. 3Open source PDF
Petitioner argued: The educational model could set precedents for national educational standards and practices
Evidence type: assertion without evidence
USCIS finding: INSUFFICIENT
“the Petitioner has not provided evidence demonstrating that her proposed endeavor would operate on such a scale as to rise to a level of national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: There is a shortage of early childhood education professionals
Evidence type: assertion
USCIS finding: INSUFFICIENT
“such a shortage is not, in and of itself: sufficient to establish the national importance of the Petitioner's endeavor”
Decision PDF, p. 3Open 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 assertion without corroborating evidence insufficient to establish that the endeavor will have substantive positive economic effects in an economically depressed area. 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?