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EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has substantial merit and national importance.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Director analyzed the new business plan and determined that it too did not establish the national importance of the Petitioner's endeavor.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: The individual is well-positioned to advance the proposed endeavor.
Evidence type: recommendation letters, letter of intent to invest
USCIS finding: INSUFFICIENT
“the evidence and claims submitted did not overcome the Director's denial.”
page not extractedOpen source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: On balance, waiving the job offer requirement would benefit the United States.
Evidence type: business plan, general claims
USCIS finding: INSUFFICIENT
“the claims and evidence submitted on motion did not establish the Petitioner's eligibility under the third prong of the Dhanasar framework.”
Decision PDF, p. 4Open 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.
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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 has substantial merit and national importance.. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's recommendation letters, letter of intent to invest insufficient to establish that the individual is well-positioned to advance the proposed endeavor.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's business plan, general claims insufficient to establish that on balance, waiving the job offer requirement would benefit the United States.. What would make comparable evidence in my own case more persuasive?