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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
PASSProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: publications and citations demonstrate record of success
Evidence type: publications, citations, expert letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not establish that the Petitioner previously worked in this particular field of medicine”
Decision PDF, p. 3Open source PDF
Petitioner argued: education and experience in surgery
Evidence type: diploma, transcripts, work history
USCIS finding: INSUFFICIENT
“the Petitioner has not submitted sufficient evidence to support her surgical experience”
Decision PDF, p. 2Open source PDF
Petitioner argued: interest from relevant entities
Evidence type: citations and publications
USCIS finding: INSUFFICIENT
“interest in her previous research is insufficient to establish interest in her proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: plan for future activities
Evidence type: plan document
USCIS finding: INSUFFICIENT
“the plan is insufficient to determine the Petitioner is well positioned to advance the proposed endeavor”
Decision PDF, p. 4Open source PDF
Prong 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 whether the person was well-positioned to advance the endeavor. 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 2 (well positioned to advance the endeavor), USCIS found the petitioner's publications, citations, expert letters insufficient to establish that publications and citations demonstrate record of success. 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?