social work
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 has national importance
Evidence type: strategic plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the report does not specifically discuss the Petitioner's proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the advisory opinion is of little probative value as it does not meaningfully address the details of the Petitioner's specific proposed endeavor and why it would have national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: professional plan
USCIS finding: INSUFFICIENT
“the Petitioner's professional plan provides generalized projections that are not specific and detailed enough to establish the potential prospective impact of her proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters describe the Petitioner's job duties, rather than describing achievements that had broad implications to the field of social work or identifying skills that differ from or improve upon those already available and in use in the United States.”
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 strategic plan insufficient to establish that 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?