architecture and affordable housing
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: endeavor addresses affordable housing crisis and has national importance
Evidence type: industry articles, business plan, expert letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence does not sufficiently demonstrate the endeavor's potential prospective impact to establish its national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: expert opinion supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“his opinion is general in nature and does not meaningfully address the details of the Petitioner's specific work”
Decision PDF, p. 6Open source PDF
Petitioner argued: endeavor will have substantial positive economic effects
Evidence type: business plan with sales and employment projections
USCIS finding: INSUFFICIENT
“the Petitioner did not demonstrate the relevance of these numbers and show that such future staffing levels would provide substantial economic benefits to the Florida region or the U.S. economy more broadly”
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 industry articles, business plan, expert letters insufficient to establish that endeavor addresses affordable housing crisis and 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?