veterinary medicine
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it will contribute to the U.S. economy and improve societal welfare.
Evidence type: business plan, articles, industry reports, O*NET data, expert opinion letter
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not sufficiently demonstrated the national importance of her proposed endeavor”
Decision PDF, p. 2Open source PDF
Petitioner argued: The proposed endeavor will generate jobs and have substantial positive economic effects.
Evidence type: business plan with job and revenue projections
USCIS finding: INSUFFICIENT
“she has not demonstrated that her company's future staffing levels and business activity stand to provide substantial economic benefits in Florida or the United States.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to improving societal welfare through disease prevention.
Evidence type: Petitioner's statements
USCIS finding: INSUFFICIENT
“the Petitioner has not provided sufficient evidence demonstrating that her veterinary business would operate on such a scale as to rise to a level of national importance.”
Decision PDF, p. 3Open 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 business plan, articles, industry reports, O*NET data, expert opinion letter insufficient to establish that the proposed endeavor has national importance because it will contribute to the U.S. economy and improve societal welfare.. 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?