alternative dispute resolution
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: The proposed endeavor has substantial merit and national importance.
Evidence type: professional plan, industry reports, articles, government reports, international reports, presentation
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The record does not adequately describe how the Petitioner's alternative dispute resolution services would broadly implicate his field of endeavor.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will create jobs and have positive economic effects.
Evidence type: professional plan
USCIS finding: INSUFFICIENT
“The record does not support implications rising to a level of national importance, either nationally or more broadly to the field of the proposed endeavor, from a nascent plan to employ individuals in some employment capacity.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor will attract foreign direct investment.
Evidence type: professional plan, investment climate statements
USCIS finding: INSUFFICIENT
“he did not specify the magnitude of increase he expected to realize and how the increase would elevate his endeavor to one of national importance.”
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 professional plan, industry reports, articles, government reports, international reports, presentation insufficient to establish that the proposed endeavor has substantial merit and 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?