business consulting
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 foster an ecosystem strengthening U.S. market competitiveness
Evidence type: none specified
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not offer sufficient documentation to establish how the proposed endeavor will foster this claimed ecosystem”
Decision PDF, p. 3Open source PDF
Petitioner argued: letters of recommendation and intent show prospective investments and economic impacts
Evidence type: letters of recommendation and letters of intent
USCIS finding: INSUFFICIENT
“The letters of intent do not include sufficient discussion of the prospective economic impacts attributable to the proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to ripple effects
Evidence type: industry reports and articles
USCIS finding: INSUFFICIENT
“the industry reports and articles in the record discuss the impacts of such services, but do not attribute them directly to the proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor will generate international investment and create jobs
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner has not shown that his company's future staffing levels and revenue stand to provide substantial economic benefits in the region, California, or the United States.”
Decision PDF, p. 3Open source PDF
Petitioner argued: work will more broadly impact the field as it affects economic development
Evidence type: articles
USCIS finding: INSUFFICIENT
“they are not evidence of the national importance of the Petitioner's proposed endeavor itself.”
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
- Prong 1 (substantial merit & national importance) was not established here — specifically, that proposed endeavor will foster an ecosystem strengthening U.S. market competitiveness. What does my case need to show on this element?
- 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?