human resources and management
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: proposed endeavor will have broad implications
Evidence type: letters of support
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the letters did not meaningfully discuss the Petitioner's proposed endeavor or provide any insight into how the proposed endeavor will have broad implications”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance
Evidence type: cover letter, business plan, expert opinion letter, letters of support
USCIS finding: INSUFFICIENT
“the record contained insufficient evidence to demonstrate that the prospective impact of his endeavor rises to the level of national importance”
Decision PDF, p. 2Open source PDF
Petitioner argued: proposed endeavor will have substantial positive economic effects
Evidence type: professional plan with financial projections
USCIS finding: INSUFFICIENT
“the profit and loss statement claiming $162,907 in salaries and benefits in Year 5 does not demonstrate that future staffing levels would provide substantial economic benefits to Florida or the U.S. economy more broadly at a level commensurate with national importance”
Decision PDF, p. 4Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSProng 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 letters of support insufficient to establish that proposed endeavor will have broad implications. 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?