education technology (online math…
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: The proposed endeavor has substantial merit and national importance.
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the letter does not explain or argue how the Petitioner's online platform would have broader implications for our country.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner did not establish the significance of this data to show how the benefits to the regional or national economy would reach the level of "substantial positive economic effects" contemplated by Dhanasar.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner did not demonstrate how his online platform would largely influence the field and rise to the level of national importance.”
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 expert opinion letter insufficient to establish that the proposed endeavor has substantial merit and 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?