accounting and financial services
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor will stimulate the economy by creating jobs and revenue.
Evidence type: business plan with financial projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“neither the Petitioner nor the Beneficiary point to any corroborating evidence that would directly link the specific endeavor to the overall economy's growth”
page not extractedOpen source PDF
Petitioner argued: The proposed endeavor has national importance because it provides valuable financial and accounting services.
Evidence type: personal statements, expert opinion letters, testimonial letters, industry articles
USCIS finding: INSUFFICIENT
“the record contained insufficient evidence to demonstrate that the Beneficiary's work would impact the regional or national population at a level consistent with national importance”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance due to the shortage of financial advisors.
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“there is no indication that his proposed endeavor stands to impact or significantly reduce the claimed national shortage”
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 business plan with financial projections insufficient to establish that the proposed endeavor will stimulate the economy by creating jobs and revenue.. 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?