social work
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: proposed endeavor has national importance due to addressing societal problems and expansion plans
Evidence type: emails and letters of intent from potential clients
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the evidence does not establish the proposed endeavor's national importance because they only highlight that the endeavor's impact is to the individual client or companies that hire the Petitioner to provide her services”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will have substantial positive economic effects
Evidence type: claims of job creation
USCIS finding: INSUFFICIENT
“Without evidence regarding any projected U.S. economic impact or job creation directly attributable to her future work, the record does not show any benefits to the U.S. regional or national economy resulting from her work would reach the level of 'substantial positive economic effects' contemplated by Dhanasar”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor will have national implications within the field of social work
Evidence type: expert opinion letters
USCIS finding: INSUFFICIENT
“her opinion is largely conclusory and does not adequately explain how the Petitioner's work would produce such nationally important impacts”
Decision PDF, p. 4Open 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 emails and letters of intent from potential clients insufficient to establish that proposed endeavor has national importance due to addressing societal problems and expansion plans. 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?