dentistry and healthcare 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
NOT_DISCUSSEDProng 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: Petitioner has experience running a business as owner of a company in Brazil
Evidence type: resume, business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the record does not contain additional corroborating evidence regarding [company]”
Decision PDF, p. 4Open source PDF
Petitioner argued: Petitioner has education and experience in dentistry and business
Evidence type: foreign degrees, certificates, letters of recommendation
USCIS finding: INSUFFICIENT
“Although the Petitioner may have education and experience related to dentistry field, it does not establish her skills and knowledge as the owner and CEO of a dental and healthcare management consulting company.”
Decision PDF, p. 4Open source PDF
Petitioner argued: Petitioner has a business plan and funding from husband's company
Evidence type: business plan, bank statements, marriage license, articles of association
USCIS finding: INSUFFICIENT
“the record does not establish the Petitioner's husband's company will be providing the funding.”
Decision PDF, p. 5Open 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 resume, business plan insufficient to establish that petitioner has experience running a business as owner of a company in Brazil. 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?