food products with a focus on Hispanic…
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: The business activities are national in scope due to online sales and enhancing societal welfare.
Evidence type: general assertions
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish that the Petitioner's business activities stand to sufficiently extend beyond his clients to enhance societal welfare on a broader scale indicative of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The companies have potential prospective impacts on a national level because products sold across the US to well-known businesses.
Evidence type: gross income figures
USCIS finding: INSUFFICIENT
“he has not sufficiently demonstrated how they would contribute to nationwide economic growth.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because products sold to major businesses and significant demand for functional and organic foods.
Evidence type: company sales figures, product lists, industry reports
USCIS finding: INSUFFICIENT
“the record does not establish that the Petitioner's proposed endeavor's impact will be nationally important.”
Decision PDF, p. 3Open 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 general assertions insufficient to establish that the business activities are national in scope due to online sales and enhancing societal welfare.. 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?