statistical modeling and development
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_DISCUSSEDPetitioner argued: proposed endeavor has national importance due to impact on healthcare and finance
Evidence type: personal statements, industry reports, support letters
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“SCOPS did not specifically discuss any of the evidence submitted in support of this prong.”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well positioned to advance proposed endeavor
Evidence type: publications, citation data, funding
USCIS finding: NOT_DISCUSSED
“without a specific discussion of the evidence, it is unclear how SCOPS reached their favorable conclusion on this prong.”
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 discussed statistical modeling and development. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?