health and wellness
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 proposed endeavor will have substantial positive economic effects due to job creation and revenue projections.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the job creation and revenue projections included in the Petitioner's business plan are not supported by details showing their basis or an explanation of how those projections will be realized”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it addresses childhood obesity and related health issues, and aligns with federal initiatives.
Evidence type: industry reports, articles, federal initiatives
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: The proposed endeavor will operate in a HUBZone, indicating economic depression and potential for economic benefit.
Evidence type: business plan, HUBZone designation
USCIS finding: INSUFFICIENT
“the Petitioner has not adequately established what parameters the SBA considers when it establishes HUBZones.”
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 business plan insufficient to establish that the proposed endeavor will have substantial positive economic effects due to job creation and revenue projections.. 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?