financial services
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
FAILPetitioner argued: The second RFE exhibit includes evidence of U.S. governmental interest in critical and emerging technologies and shows broader implications.
Evidence type: reports and articles regarding bank payment systems, digital identification, cloud-based payments, consumer privacy, and the U.S. financial services industry
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“they do not discuss the Beneficiary or his work individually.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The expert opinion letter and testimonial letters affirm the Beneficiary's integral role and articulate how it will underpin the success and stability of the U.S. financial sector.
Evidence type: expert opinion letter, testimonial letters
USCIS finding: INSUFFICIENT
“they do not provide probative detail for how these past professional contributions extended, or would extend in the future, beyond the Beneficiary's particular employers.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its direct link to substantial positive economic, scientific, and technological advancements.
Evidence type: letters, academic and professional information, recommendation letters, reports and articles
USCIS finding: INSUFFICIENT
“the Petitioner had not established the national importance of the proposed endeavor”
Decision PDF, p. 1Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDProng 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 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 reports and articles regarding bank payment systems, digital identification, cloud-based payments, consumer privacy, and the U.S. financial services industry insufficient to establish that the second RFE exhibit includes evidence of U.S. governmental interest in critical and emerging technologies and shows broader implications.. 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?