physical education and sports programs
EB-2 National Interest Waiver — Merits Decision
Underlying petition: APPROVED · Service Center Operations (SCOPS)
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor will contribute to the overall U.S. economy by providing expert services, generating taxes, and creating new job openings.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“she has not offered sufficient, specific evidence showing any substantial economic impact directly attributable to her future work.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will provide substantial benefits to the United States including better high school graduation rates, better college acceptance rates, better employment rates, better health, and reduced gang or criminal activity.
Evidence type: articles and reports
USCIS finding: INSUFFICIENT
“these documents provide only general background information on the aforementioned areas and do not specifically relate to or discuss the Petitioner's proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it aligns with federal priorities such as the National Youth Sports Strategy.
Evidence type: reports
USCIS finding: INSUFFICIENT
“these documents provide only general background information on the aforementioned areas and do not specifically relate to or discuss the Petitioner's proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor will broadly enhance societal welfare through improving the health of its participants.
Evidence type: support letters
USCIS finding: INSUFFICIENT
“they lack specific details and corroborating evidence to substantiate their claims.”
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 will contribute to the overall U.S. economy by providing expert services, generating taxes, and creating new job openings.. 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?