business consulting and auditing
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: expert report
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the expert letter merely restates the Petitioner's assertions with no corroborating details to support the statements.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the plan makes various projections for the business, such as in staffing, revenue, and tax projections over five years, without providing any basis for the projections or evidence supporting the significance of its projections.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor aligns with national initiatives
Evidence type: articles
USCIS finding: INSUFFICIENT
“the Petitioner's articles were not probative because they did not discuss any details relating to her specific endeavor”
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 expert report insufficient to establish that proposed endeavor has national importance. 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?