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EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: business will create jobs and generate revenue
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan does not sufficiently explain how these forecasts were calculated, or adequately clarify how these projections will be realized, nor does the record contain evidence to support the business plan's financial projections.”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to positive economic effects and improving industry performance
Evidence type: business plan, personal statement, articles
USCIS finding: INSUFFICIENT
“The evidence provided does not demonstrate that this specific endeavor is of national importance.”
Decision PDF, p. 3Open 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 insufficient to establish that business will create jobs and generate revenue. 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?