bakery and pastry
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: The endeavor will have broader implications on a national level.
Evidence type: articles about obesity
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Although the Petitioner claims her endeavor will provide minimally processed baked goods, offer community engagement, and educational workshops, the Petitioner has not met her burden to show that her bakery endeavor will have broader implications on a national level.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan, expert opinion letter, reference letters, industry reports
USCIS finding: INSUFFICIENT
“The Director reviewed and analyzed the Petitioner's claims including her business plan with employment creation assertions, expert opinion letter, reference letters, and baking industry reports and articles and discussed their deficiencies.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The endeavor will have substantial positive economic effects.
Evidence type: speculative projections
USCIS finding: INSUFFICIENT
“Rather than provide any specific, corroborated figures, she offered speculative projections.”
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 articles about obesity insufficient to establish that the endeavor will have broader implications on a national level.. 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?