veterinary medicine

EB-2 National Interest Waiver — Merits Decision

2024-09-30·DISMISSED·IN RE: 33951403

Underlying petition: DENIED · Texas Service Center

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: The proposed endeavor has national importance because it promotes societal welfare and public health by controlling animal overpopulation and preventing zoonotic diseases.

Evidence type: expert opinion letter and recommendation letters

U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT

they provide little probative information to establish the national importance of the Petitioner's proposed endeavor

Decision PDF, p. 4Open source PDF

Petitioner argued: The proposed endeavor aligns with STEM initiatives and has broader implications due to a new spaying/neutering technique.

Evidence type: policy manual citation and description of technique

USCIS finding: INSUFFICIENT

she has not explained how this technique offers broader implications for the veterinary medicine industry or nation as a whole

Decision PDF, p. 3Open source PDF

Petitioner argued: The proposed endeavor has substantial positive economic effects, particularly in economically depressed areas.

Evidence type: appellate brief assertions

USCIS finding: INSUFFICIENT

she has not explained, much less quantified, what these positive economic benefits specifically would be

Decision PDF, p. 4Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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.

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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's expert opinion letter and recommendation letters insufficient to establish that the proposed endeavor has national importance because it promotes societal welfare and public health by controlling animal overpopulation and preventing zoonotic diseases.. 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?
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