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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: proposed endeavor will have substantial positive economic effects
Evidence type: business plan projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these projections lack corroborating evidence that would objectively substantiate them”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor will save billions in GDP and jobs
Evidence type: assertions, business plan
USCIS finding: INSUFFICIENT
“the record also lacks evidence as to specifically when or how her AI-based online SME assessment platform will save billions in U.S. GDP and save millions of jobs”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to its impact on SMEs
Evidence type: general industry articles, business plan, support letters
USCIS finding: INSUFFICIENT
“the evidence does not demonstrate that it would have significant potential to employ U.S. workers, have substantial positive economic impact in this country, broadly impact the industry on national or global level beyond her prospective business and its future clients”
Decision PDF, p. 2Open 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 business plan projections 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?