interior design
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor will have national importance due to job creation and economic effects
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not substantiate how the projections found in her statement and business plan will be realized”
Decision PDF, p. 5Open source PDF
Petitioner argued: expert opinion supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the expert opinion is of little probative value as the opinion does not meaningfully address the details of the Petitioner's proposed endeavor and why it would have national importance”
Decision PDF, p. 6Open source PDF
Petitioner argued: proposed endeavor will serve HUBZone areas
Evidence type: business entity summary
USCIS finding: INSUFFICIENT
“the Petitioner has not provided evidence that her endeavor will participate in the Small Business Administration's HUBZone program or that the principal office of her business will be in a HUBZone”
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 business plan insufficient to establish that proposed endeavor will have national importance due to job creation and economic effects. 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?