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EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Service Center Operations
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILProng 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“he has not explained how these certificates are comparable to a license or certification to practice his profession”
p. 3
“the record contains an employment verification letter from ... stating that the Petitioner worked full-time with the company since year 2001 going through several positions”
page not extracted
“The Petitioner did not submit any evidence of his official academic record.”
p. 3
“we conclude that his endeavor is of substantial merit”
p. 6
“we conclude that he has not established its national importance”
p. 6
What 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. U.S. Citizenship and Immigration Services (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
- Prong 1 (substantial merit & national importance) was not established here. What does my case need to show on this element?
- 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?