business and marketing
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: updated economic multipliers show job creation
Evidence type: economic multipliers
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the business plan does not explain the basis for the potential expansion of the business to create the 20 direct jobs. Further, while the claimed projected job creation, inclusive of both direct and indirect jobs, indicates that the company has growth potential, it does not demonstrate that benefits to the regional or national economy resulting from the Petitioner's undertaking would reach the level of 'substantial positive economic effects' contemplated by Dhanasar.”
Decision PDF, p. 2Open source PDF
Petitioner argued: articles demonstrate national importance of proposed endeavor
Evidence type: news articles
USCIS finding: INSUFFICIENT
“While these articles demonstrate the importance of the field of business, they do not specifically reference the proposed endeavor or speak to its potential prospective impact.”
Decision PDF, p. 2Open source PDF
Petitioner argued: endeavor aligns with U.S. strategic priorities
Evidence type: assertion
USCIS finding: INSUFFICIENT
“he does not identify these strategic priorities or other Federal initiatives. Further, while the focus of a proposed endeavor may align with Federal initiatives this is not sufficient to establish its national importance.”
Decision PDF, p. 2Open 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 economic multipliers insufficient to establish that updated economic multipliers show job creation. 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?