financial management
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_DISCUSSEDProng 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.
“the Director's conclusion that the Petitioner did not describe his proposed endeavor fails to address his professional plan and its description of the proposed endeavor and its national importance.”
p. 4
“he did not provide any information about the FP A or evidence demonstrating that it is a "professional association" as required by 8 C.F.R. § 204.5(k)(3)(ii)(E).”
p. 4
“he did not provide "evidence in the form of letter(s) from current or former employers" in support of this claim; rather he relied on a letter from an individual who states she has been his accountant since 2005.”
page not extracted
“we conclude that the Petitioner has not established that his MBA certificate is the equivalent of an academic or professional degree above that of a bachelor's degree.”
p. 3
“he did not provide evidence demonstrating how the remuneration he commanded for his services is indicative of his claimed exceptional ability relative to others working in the same field”
p. 4
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 discussed financial management. 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?