management consultancy
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 would have national importance because it would operate in an economically depressed area.
Evidence type: economic data
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“But the Petitioner has not demonstrated that her specific proposed endeavor would economically boost its area in a nationally significant way.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor would have national importance due to economic benefits, including job creation and tax revenues.
Evidence type: business projections
USCIS finding: INSUFFICIENT
“But, still, they do not demonstrate how the ten-person firm, its suppliers, and customers would generate economic benefits substantial enough to attain national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor would have national importance because it would help distressed businesses.
Evidence type: bankruptcy filings evidence
USCIS finding: INSUFFICIENT
“But she has not demonstrated that she and her small, proposed firm would help a nationally significant number of distressed businesses.”
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 economic data insufficient to establish that the proposed endeavor would have national importance because it would operate in an economically depressed area.. 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?