National Interest Waiver Denial Reasons

Our firm has been working on a few EB-2 with National Interest Waiver cases since Matter of Dhanasar came out. This case was determined to be friendlier to entrepreneurs, in addition to the traditional professions (physicians, scientists, etc.) and more focused on the future, and it is. However, a review of recent decisions from the Administrative Appeals Office (AAO) shows that denials are increasing.

Here is a list of the most common reasons for denying the National Interest Waiver and legal permanent residence to the petitioner:

  • A lack of a coherent plan for the future – the plan should be feasible and easy to understand by the adjudicators. It is suggested to include: types of service, fee structure, types of clients, marketing strategy, list of identified potential clients, sales and staffing projections, operating budget (should have sufficient funds to cover startup costs of the company). Matter of E-C-H, AAO decision, Dec 27, 2016.
  • A lack of a record of success by the foreign national in doing what he/she is proposing to do, thus showing that you are not “well-positioned” to advance that proposed endeavor, which the second requirement of Dhanasar.
  • A failure to show that the products or services offered by the foreign national is in high demand or is already in use by individuals or companies in the U.S.
  • A failure to prove that the effects of the foreign national’s proposed endeavor has the potential to expand beyond the direct benefactors, such as the employer, the patients, the clients, or the customers who use his/her products.
  • A failure to have secondary evidence to back-up the claims in the foreign national’s personal statement or the claims in the support letters.
  • Petitioner shows the abundance of recruiters reaching out to him/her, looking for someone with his/her skills, and receiving interviews for opportunities. However, there is a lack of a future plan, whether to work for these companies, if offered a position, or in the alternative, start your own company.

If you have receive a Request for Evidence for one of the reasons above or if you think your case may have at least one of the issues listed, be sure to consult us to help you plan for additional evidence to avoid these issues.