financial services
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has national importance
Evidence type: supplemental professional plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the plan is brief and vague, lacking detailed information and evidence corroborating the proposed endeavor rises to the level of national importance”
Decision PDF, p. 4Open source PDF
Petitioner argued: letters of intent show national importance
Evidence type: letters of intent
USCIS finding: INSUFFICIENT
“the letters, however, speak in general terms about interest in investing in professional partnerships and projects with the Petitioner”
Decision PDF, p. 5Open source PDF
Petitioner argued: expert opinion supports national importance
Evidence type: expert opinion letter
USCIS finding: INSUFFICIENT
“the opinion's focus on the importance of the financial services industry to the economy, and how the Petitioner's professional experience would help individuals and businesses is misplaced”
Decision PDF, p. 6Open source PDF
Prong 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 record is not sufficiently clear to establish that the Petitioner possesses any United States academic or professional degree or a foreign equivalent degree above that of a bachelor's degree”
p. 2
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 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 supplemental professional plan insufficient to establish that proposed endeavor has national importance. 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?