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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: proposed endeavor has national importance
Evidence type: business plan, expert opinion, industry reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner did not establish that his proposed endeavor has national importance”
Decision PDF, p. 1Open source PDF
Petitioner argued: substantial positive economic effects
Evidence type: business plan projections
USCIS finding: INSUFFICIENT
“the income and personnel projections provided in his brief on appeal and in his definitive statement are insufficient to demonstrate the potential for substantial positive economic impact”
Decision PDF, p. 4Open source PDF
Petitioner argued: expert opinion supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“we conclude that it is of little probative value as the opinion does not meaningfully address the details of the Petitioner's proposed endeavor”
Decision PDF, p. 5Open source PDF
Petitioner argued: HUBZone location
Evidence type: articles of incorporation
USCIS finding: INSUFFICIENT
“there is no evidence that the Petitioner will be participating in the Small Business Administration's HUBZone program”
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 business plan, expert opinion, industry reports 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?