information technology (IT)
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: industry reports and articles show importance of IT industry
Evidence type: industry reports and articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: resume, letters of recommendation
USCIS finding: INSUFFICIENT
“these documents describe the Petitioner's knowledge, skills, and abilities, which relate to the second prong of the Dhanasar framework”
Decision PDF, p. 3Open source PDF
Petitioner argued: business plan shows HUBZone location and job creation
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor
Evidence type: resume, recommendation letters
USCIS finding: INSUFFICIENT
“the letters do not farther elaborate on or sufficiently explain how the Petitioner's work has been utilized in the field or otherwise constitutes a record of success.”
Decision PDF, p. 5Open source PDF
Prong 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 industry reports and articles insufficient to establish that industry reports and articles show importance of IT industry. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's resume, recommendation letters insufficient to establish that well positioned to advance proposed endeavor. 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?