spiritual care / chaplaincy
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
NOT_DISCUSSEDPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: description of proposed endeavor, support letters, publications
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“the Director does not discuss or make any determination regarding the substantial merit of the Petitioner's proposed endeavor.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: well-positioned to advance the proposed endeavor
Evidence type: education, publications, support letters, foundation grant, correspondence with Army recruiter
USCIS finding: NOT_DISCUSSED
“the Director does not provide a discussion of the Petitioner's evidence in the record, including evidence that he has the support of a foundation that provides grants for philanthropic work, or his correspondence with a chaplain recruiter for the U.S. Army.”
Decision PDF, p. 4Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: waiver would benefit the United States
Evidence type: cover letter, interest in chaplain residency, correspondence with Army recruiter
USCIS finding: NOT_DISCUSSED
“the decision does not discuss the documentary evidence in the record, including the Petitioner's cover letter, evidence of his interest in a chaplain residency program through a hospital, or evidence of his correspondence with a chaplain recruiter for the U.S. Army.”
Decision PDF, p. 4Open source PDF
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. USCIS officers exercise discretion on facts that are never fully captured in a written decision.
This decision discussed spiritual care / chaplaincy. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
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?