supply chain management

EB-2 National Interest Waiver — Merits Decision

2024-08-26·DISMISSED·IN RE: 33319133

Underlying petition: DENIED · Texas Service Center

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: endeavor will enhance supply chain management capabilities and revolutionize procurement

Evidence type: petitioner's assertions

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

the Petitioner does not specifically detail how he will accomplish these sizeable objectives through his endeavor

Decision PDF, p. 3Open source PDF

Petitioner argued: expert opinion letter supports national importance

Evidence type: expert opinion letter

USCIS finding: INSUFFICIENT

the letter does not specifically detail how the Petitioner's endeavor would accomplish these goals or how any impact would extend beyond the direct clients that the Petitioner will serve

Decision PDF, p. 4Open source PDF

Petitioner argued: endeavor aligns with federal initiatives

Evidence type: industry reports and articles

USCIS finding: INSUFFICIENT

The articles and reports, however, provide only general background information on these subjects and do not specifically relate to or discuss the Petitioner's proposed endeavor

Decision PDF, p. 4Open source PDF

Petitioner argued: endeavor will significantly contribute to economic growth and job creation

Evidence type: business plan

USCIS finding: INSUFFICIENT

The Petitioner, however, has provided little explanation or corroboration for the bases of these projections

Decision PDF, p. 3Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's petitioner's assertions insufficient to establish that endeavor will enhance supply chain management capabilities and revolutionize procurement. 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?
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