business and marketing
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 company will have significant potential to employ U.S. workers and other substantial positive economic effects.
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“The Petitioner's projected staffing model in his business plan states he will employ just two other individuals in his company. On appeal, the Petitioner confirms his company will have only three employees the first year but anticipates "potential expansion to more than 20 employees" after five years. The Petitioner's business plan does not explain the basis for this expansion. Even with this projected growth, the record does not indicate that the Petitioner's company would employ a substantial number of U.S. workers or otherwise have a significant economic impact as contemplated in Dhanasar.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The company will have national importance by contributing to economic growth and strengthening trade relations between the U.S., Brazil and Latin America.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“He does not, however, specify how the Petitioner's company will influence trade relations between the U.S. and Brazil beyond individual businesses that he may serve.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance through providing marketing consulting services and business consulting services.
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“This evidence shows the Petitioner has established his company in Florida and earned praise for his past work in the field. The evidence does not, however, establish the national importance of his firm.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The articles support the national importance of the proposed endeavor.
Evidence type: articles
USCIS finding: INSUFFICIENT
“Here, none of the articles mention the Petitioner or his company, or otherwise speak to the potential prospective impact of his 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 business plan insufficient to establish that the company will have significant potential to employ U.S. workers and other 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?