consumer goods industry
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it aligns with government initiatives, has positive economic effects, and impacts the consumer goods industry.
Evidence type: expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“This letter, while helpful in establishing the endeavor's substantial merit, does not establish its national importance because it relies on the importance of the consumer goods industry and the general importance of project managers, but does not sufficiently explain how the Petitioner's proposed endeavor will impact the field more broadly.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor will have prospective impact on a national scale.
Evidence type: petitioner's assertions
USCIS finding: INSUFFICIENT
“While we have considered the Petitioner's assertions, they are insufficient to establish the endeavor's national importance by a preponderance of the evidence.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The endorsements and process innovation demonstrate national importance.
Evidence type: letters of recommendation and process innovation
USCIS finding: INSUFFICIENT
“the letters provided show that the Petitioner's innovation, as well as other process improvements, were used by his employers but the letters do not indicate that they were used by other companies.”
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 expert opinion letter insufficient to establish that the proposed endeavor has national importance because it aligns with government initiatives, has positive economic effects, and impacts the consumer goods industry.. 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?