sales management
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
Evidence type: response to RFE, personal statement, professional plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“SCOPS provided large block quotations from the Petitioner's response to SCOPS' Request for Evidence (RFE), personal statement, and professional plan. However, the decision provided no actual analysis of the evidence or specific explanation as to how SCOPS reached their determination.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSProng 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: waiver would benefit the United States
Evidence type: documents in the record
USCIS finding: INSUFFICIENT
“the decision concluded, without a specific discussion of documents in the record, that the Petitioner 'has not shown an urgent interest in her [sic] own contributions' and 'has not demonstrated that she [sic] presents benefits to the United States through his proposed endeavor that outweigh those inherent in the labor certification process.'”
Decision PDF, p. 2Open source PDF
What 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 response to RFE, personal statement, professional plan insufficient to establish that proposed endeavor has national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's documents in the record insufficient to establish that waiver would benefit the United States. 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?