interior design
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
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner has prior success in sustainable design.
Evidence type: letters of support and awards
U.S. Citizenship and Immigration Services (USCIS) finding: ACCEPTED
“submitted letters of support and awards attest to the Petitioner's success in the application of sustainable design techniques in her own design work, her leadership of a design team, and her facilitation of focus group discussion related to sustainable materials and energy-efficient technologies.”
page not extractedOpen source PDF
Petitioner argued: Petitioner is well positioned to advance her proposed endeavor based on education, skills, and past achievements.
Evidence type: education and training, letters of recommendation, membership, recognition, business plan
USCIS finding: INSUFFICIENT
“SCOPS determined the evidence 'focuses heavily on past achievements' of the Petitioner and offered little evidence of 'current or future efforts of the [Petitioner] to advance her proposed endeavor.'”
Decision PDF, p. 2Open source PDF
Petitioner argued: Petitioner intends to act as chief architect and managing engineer.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner's intent to act as chief architect and managing engineer was not supported by evidence of the Petitioner's licensure in these fields.”
Decision PDF, p. 3Open 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's education and training, letters of recommendation, membership, recognition, business plan insufficient to establish that petitioner is well positioned to advance her proposed endeavor based on education, skills, and past achievements.. 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?