electrical engineering
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 business will generate significant revenue and create jobs.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan does not sufficiently detail the basis for the revenue and staffing projections, nor does it adequately explain how the revenue and staffing projections will be realized.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential to contribute to the U.S. economy through job creation and economic impact.
Evidence type: business plan, recommendation letters, industry reports, resume
USCIS finding: INSUFFICIENT
“The Petitioner did not offer specific information and evidence to corroborate his assertions that the prospective impact of running a business to provide consultation services to clients rises to the level of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects, particularly in economically depressed areas.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the evidence does not sufficiently explain how merely locating his offices in a 'distressed neighborhood zone' qualifies as 'substantial positive economic effects, particularly in an economically depressed area.'”
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 business plan insufficient to establish that the business will generate significant revenue and create jobs.. 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?