veterinary pathology
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 proposed endeavor has national importance due to implications for public health and veterinary medicine.
Evidence type: recommendation letters, government publications, industry articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“SCOPS concluded that the evidence did not include information about the endeavor's national importance”
Decision PDF, p. 2Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
PASSPetitioner argued: The petitioner is well positioned to advance the proposed endeavor based on her publication and citation record and grant awards.
Evidence type: publications, citations, grants
USCIS finding: INSUFFICIENT
“the evidence submitted does not sufficiently demonstrate that the Petitioner is well positioned to independently secure funding or lead the advancement of her proposed endeavor.”
Decision PDF, p. 4Open source PDF
Prong 3 — Balancing the Waiver's Benefits
FAILPetitioner argued: Waiving the job offer requirement would benefit the United States.
Evidence type: not specified
USCIS finding: INSUFFICIENT
“she had not demonstrated her proposed endeavor's national importance or that, on balance, it would be beneficial to the United States to waive the job offer requirements.”
Decision PDF, p. 2Open 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.
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 recommendation letters, government publications, industry articles insufficient to establish that the proposed endeavor has national importance due to implications for public health and veterinary medicine.. What would make comparable evidence in my own case more persuasive?
- On Prong 3 (balancing the waiver's benefits), USCIS found the petitioner's not specified insufficient to establish that waiving the job offer requirement would benefit the United States.. 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?