conflict resolution
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: service would be unique
Evidence type: internet search
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“This illustrates how the Petitioner did not provide sufficient evidence to corroborate her claim that her method would be new, distinctly unique, or innovative in the field.”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor will have economic benefits and promote societal welfare
Evidence type: statistical figure
USCIS finding: INSUFFICIENT
“The Petitioner should show more than simply having nominal economic effects and promoting societal welfare”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has potential for national and global impacts
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters offer rhetorical flourish but lack details that might anchor the lofty language in the terra firma of what's new that the Petitioner would bring to the field”
Decision PDF, p. 5Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance the proposed endeavor
Evidence type: no evidence of record of success or plan
USCIS finding: INSUFFICIENT
“she did not demonstrate a record of success in related or similar efforts of founding a consultancy service, nor did she offer a detailed plan or what steps she has taken to establish the consultancy service”
Decision PDF, p. 6Open source PDF
Prong 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 internet search insufficient to establish that service would be unique. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's no evidence of record of success or plan insufficient to establish that well positioned to advance the proposed endeavor. 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?