business administration consulting
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The purported business plan the Petitioner submitted at the time he filed the Form I-140 bears minimal probative value”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters do not address the specific endeavor he proposes to undertake, and how it may have the type of broader implications indicative of national importance”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor has national importance.
Evidence type: publications
USCIS finding: INSUFFICIENT
“the publications that provide generalized information regarding business administration address the industry, field, or profession in which the Petitioner will work, but the generalized information does not discuss the Petitioner, the specific endeavor he proposes to undertake, and how the specific endeavor may have national or even global implications”
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 the proposed endeavor 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?