information technology (IT) services
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 substantial merit and national importance.
Evidence type: business plan, subcontractor agreements, advisory opinion, industry reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not sufficiently established that the proposed endeavor has significant potential to employ U.S. workers or would have other substantial positive economic effects”
Decision PDF, p. 6Open source PDF
Petitioner argued: The endeavor will have economic impact and align with national interest in technological development.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the business plan is insufficient evidence to establish that the endeavor is of national importance based on its economic impact”
Decision PDF, p. 7Open source PDF
Petitioner argued: The endeavor will have broader implications for the IT field.
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“the articles and industry reports do not establish the Company's national importance”
Decision PDF, p. 8Open source PDF
Petitioner argued: The endeavor will help counter China's technological strides and enhance American workers' skills.
Evidence type: Petitioner's assertions
USCIS finding: INSUFFICIENT
“the evidence in the record does not demonstrate that his specific endeavor will help the United States remain ahead of strategic competitors”
Decision PDF, p. 8Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: The Petitioner is well-positioned to advance the proposed endeavor.
Evidence type: letters of reference
USCIS finding: NOT_DISCUSSED
“we hereby reserve the issue of whether the Petitioner is well-positioned to advance the proposed endeavor”
Decision PDF, p. 8Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: On balance, waiving the job offer requirement would benefit the United States.
Evidence type: not specified
USCIS finding: INSUFFICIENT
“SCOPS further concluded the Petitioner did not establish that, on balance, it would be beneficial to the United States to waive the requirements of a job offer”
Decision PDF, p. 8Open source PDF
What 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, subcontractor agreements, advisory opinion, industry reports insufficient to establish that the proposed endeavor has substantial merit and national importance.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's not specified insufficient to establish that on balance, waiving the job offer requirement would benefit the United States.. 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?