project engineering
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 has national importance
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan does not sufficiently detail the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and staffing projections will be realized”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance based on expert opinion
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the advisory opinion is of little probative value as it does not meaningfully address the details of the Petitioner's specific proposed endeavor”
Decision PDF, p. 7Open source PDF
Petitioner argued: proposed endeavor has national importance based on expertise
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters describe the Petitioner's job duties, rather than describing achievements that had broad implications to the field of project engineering”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor will have substantial positive economic effects
Evidence type: business plan
USCIS finding: INSUFFICIENT
“he has not established that his endeavor will have substantial positive economic effects at a level commensurate with national importance”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor aligns with national priorities
Evidence type: industry, government, and research reports
USCIS finding: INSUFFICIENT
“None of the reports or articles provided discuss the Petitioner's specific proposed endeavor or its impact”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor has national importance based on market demand
Evidence type: email correspondence
USCIS finding: INSUFFICIENT
“the email does not specifically discuss the Petitioner's proposed endeavor or describe any potential opportunity”
Decision PDF, p. 7Open 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.
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Questions this raises for your lawyer
- On Prong 1 (substantial merit & national importance), USCIS found the petitioner's business plan insufficient to establish that proposed endeavor has 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?