supply chain management and logistics
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: The proposed endeavor has national importance
Evidence type: industry articles and reports
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The articles and publications on record do not address the Petitioner's specific endeavor and its impact; they merely demonstrate that the Petitioner will work in an important field and that is insufficient to establish the national importance of the proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has substantial merit and national importance
Evidence type: business plan
USCIS finding: INSUFFICIENT
“it does not sufficiently demonstrate the company's financial or staffing projections for us to determine how the Petitioner's business will have 'substantial positive economic effects' to a region or the nation as a whole.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the advisory opinion is of little probative value as the evaluator does not provide his credentials to demonstrate his expertise in the field of the Petitioner's endeavor or meaningfully address the details of the endeavor and why it would have national importance.”
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 industry articles and reports insufficient to establish that the proposed endeavor has national importance. 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?