law
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it contributes to a safer, more transparent, and efficient digital asset ecosystem.
Evidence type: personal statement, opinion letter, letters of support, publications
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish how the specific endeavor the Petitioner proposes to undertake may have the type of broader implications indicative of national importance, as contemplated by the first Dhanasar prong.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The letters of support establish national importance.
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“Because the letters of support do not inform how the specific endeavor the Petitioner proposes to undertake may have national importance, they bear minimal probative value.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor aligns with government initiatives and policies.
Evidence type: non-precedent decisions
USCIS finding: INSUFFICIENT
“the non-precedent decisions the Petitioner references on appeal bear minimal probative value in this case.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The opinion letter establishes national importance.
Evidence type: opinion letter
USCIS finding: INSUFFICIENT
“the opinion letter does not assist us in understanding a fact in issue regarding whether the specific endeavor the Petitioner proposes to undertake will have national or even global implications within a particular field, significant potential to employ U.S. workers, substantial positive economic effects, or other indicia of national importance, and it bears minimal probative value.”
Decision PDF, p. 5Open 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 personal statement, opinion letter, letters of support, publications insufficient to establish that the proposed endeavor has national importance because it contributes to a safer, more transparent, and efficient digital asset ecosystem.. 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?