operations research
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 will have substantial positive economic effects
Evidence type: assertions
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not contain sufficient evidence to determine her proposed endeavor will result in substantial positive economic effects.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to government emphasis on supply chain resilience and dynamic pricing
Evidence type: articles and reports
USCIS finding: INSUFFICIENT
“the articles do not establish the proposed endeavor's national importance because in determining national importance, the relevant question is not the importance of the field, industry, or profession in which the individual will work; instead, we focus on 'the specific endeavor that the foreign national proposes to undertake.'”
Decision PDF, p. 3Open source PDF
Petitioner argued: prior research cited in a technical report supported by U.S. Department of Transportation demonstrates national importance
Evidence type: citation record
USCIS finding: INSUFFICIENT
“evidence of the Petitioner's past experience, even if successful, does not sufficiently establish the national importance of the proposed endeavor.”
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 assertions insufficient to establish that proposed endeavor will have substantial positive economic effects. 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?