human resources
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 Petitioner argued that his endeavor would have substantial positive economic effects through employment and business activity.
Evidence type: financial projections, job-creation analyses
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner 'has not offered sufficient evidence that his endeavor offers Florida or the United States a substantial economic benefit through employment levels or business activity.'”
Decision PDF, p. 2Open source PDF
Petitioner argued: The Petitioner argued that support letters showed how companies would use his services to mitigate staffing shortages and improve compliance.
Evidence type: support letters
USCIS finding: INSUFFICIENT
“these letters do not explain how their individual use of the Petitioner's services provide benefits that would extend beyond the companies utilizing his services to impact the field, region, or nation more broadly.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The Petitioner argued that his endeavor is nationally important because it supported federal priorities and addressed workforce shortages.
Evidence type: business plan, letters, articles, government data
USCIS finding: INSUFFICIENT
“the Petitioner had not demonstrated through the evidence, including his business plan, letters, and articles, that the potential prospective impact of his proposed endeavor stands to offer broader implications to the field, region, or nation at a level significant enough to rise to 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 financial projections, job-creation analyses insufficient to establish that the Petitioner argued that his endeavor would have substantial positive economic effects through employment and business activity.. 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?