mining and business management…
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: The proposed endeavor will include process innovations that reduce limestone crushing from four to two stages.
Evidence type: Petitioner's statements
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“he does not explain if this is a novel technique and whether it will be disseminated to or adopted by others.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The business will expand into HUBZone areas and create jobs.
Evidence type: Petitioner's statements
USCIS finding: INSUFFICIENT
“the evidence does not establish the company's ability to qualify for HUBZone certification, nor does it sufficiently explain how merely locating an office in a HUBZone qualifies as 'substantial positive economic effects, particularly in an economically depressed area.'”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it aligns with U.S. national interests in infrastructure and energy, and the 2022 Critical and Emerging Technologies List.
Evidence type: articles, reports, and Critical and Emerging Technologies List
USCIS finding: INSUFFICIENT
“The submitted articles, reports, and Critical and Emerging Technologies List do not directly address the Petitioner's specific proposed endeavor, including how his future work might impact these areas more broadly.”
Decision PDF, p. 2Open source PDF
Petitioner argued: The proposed endeavor will generate economic value added (EVA) and have broad economic benefits.
Evidence type: Petitioner's statements
USCIS finding: INSUFFICIENT
“the Petitioner did not provide sufficient documentation or information to show that his proposed endeavor will generate EVA and to show that it in fact will make an impact in the mining industry.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The business will create 33 direct and 165 indirect jobs and pay $548,702 in taxes.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the business plan does not provide sufficient explanation for the basis of these projections.”
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 Petitioner's statements insufficient to establish that the proposed endeavor will include process innovations that reduce limestone crushing from four to two stages.. 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?