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EB-2 National Interest Waiver — Merits Decision

2026-01-05·REMANDED·IN RE: 40638906

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

PASS

Petitioner argued: proposed endeavor has substantial merit and national importance

Evidence type: not specified

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

SCOPS found the Petitioner eligible for EB-2 classification and that his proposed U.S. work has "substantial merit" and "national importance."

Decision PDF, p. 1Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Petitioner argued: well positioned to advance the proposed endeavor

Evidence type: not specified

USCIS finding: INSUFFICIENT

SCOPS concluded that he did not demonstrate that he is "well positioned" to advance his proposed endeavor

Decision PDF, p. 1Open source PDF

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

Petitioner argued: on balance, waiver would benefit the United States

Evidence type: not specified

USCIS finding: INSUFFICIENT

or that, on balance, a waiver would benefit the United States.

Decision PDF, p. 1Open 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.

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