medical science
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: training programs will address skills shortage
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not shown how his training activities will sufficiently extend beyond the individuals he teaches to affect the region or our nation more broadly”
Decision PDF, p. 4Open source PDF
Petitioner argued: economic impact through job creation and revenue
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the plan does not provide sufficient detail or evidentiary support for the bases of these projections”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance due to its impact on biomedical research and public health
Evidence type: business plan, expert opinion letter, industry articles
USCIS finding: INSUFFICIENT
“the Petitioner has not offered sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: endeavor will lead to scientific innovation and development of new methods
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the record lacks sufficient details about the specific research itself to establish its national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: expert opinion supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“his opinion is largely conclusory and does not adequately explain how the Petitioner's work, in particular, would produce such nationally important impacts.”
Decision PDF, p. 5Open source PDF
Petitioner argued: endeavor will fill a critical gap in biochemical research and contribute to national scientific and healthcare advances
Evidence type: industry articles and reports
USCIS finding: INSUFFICIENT
“the articles and reports ... do not mention or discuss the Petitioner's proposed endeavor specifically”
page not extractedOpen 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 business plan insufficient to establish that training programs will address skills shortage. 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?