public security 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 will have broader implications and enhance societal welfare.
Evidence type: recommendation letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the submitted recommendation letters do not contain sufficient detail to corroborate this claimed impact.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects.
Evidence type: none specific
USCIS finding: INSUFFICIENT
“the Petitioner does not identify the area where his consulting company will operate. Therefore, we are precluded from determining whether the area is economically depressed, that the proposed endeavor would employ a significant population of workers in that area, or that his endeavor would offer the region or its population a substantial economic benefit through employment levels or business activity.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will contribute to safer communities and address crime.
Evidence type: personal statement, articles, recommendation letters, advisory letter
USCIS finding: INSUFFICIENT
“The Petitioner's personal statements do not demonstrate how the security consulting services he intends to provide would have broader implications in the private security, public safety, or law enforcement sector.”
Decision PDF, p. 5Open 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 recommendation letters insufficient to establish that the proposed endeavor will have broader implications and enhance societal welfare.. 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?