business consulting
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 has national importance.
Evidence type: articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“none of the articles mention the Petitioner's company or otherwise speak to the potential prospective impact of her specific proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance.
Evidence type: letters of support
USCIS finding: INSUFFICIENT
“The Petitioner's skills, knowledge, and prior work in her field, as well as interest from potential customers, relate to the second prong of the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“she did not elaborate on these projections or provide evidence supporting the need for these additional employees.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“The letter from Dr. B-B- does not contain sufficient information and explanation, nor does the record include adequate corroborating evidence, to show that the Petitioner's specific proposed work offers broader implications in her field or substantial positive economic effects for our nation that are indicative of its national importance.”
Decision PDF, p. 3Open 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 insufficient to establish that the proposed endeavor has national importance.. 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?