business consulting and financial…
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
NOT_DISCUSSEDProng 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 Petitioner has not provided any relevant documentation.”
p. 5
“the record does not establish the Petitioner submitted any licenses or certification that are required to perform the duties the Petitioner intends to undertake in her proposed endeavor.”
p. 4
“the record lacks detail and context to determine whether the Petitioner has earned a salary or remuneration that demonstrates exceptional ability, significantly above that ordinarily encountered.”
p. 5
“the previously submitted letters of employment verification from [company] do not identify the Petitioner's duties or whether she worked full-time, nor contain the requisite identifying elements for the writers.”
p. 4
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. U.S. Citizenship and Immigration Services (USCIS) officers exercise discretion on facts that are never fully captured in a written decision.
This decision discussed business consulting and financial…. Describe your own work and see which decisions discussed the same issue.
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Questions this raises for your lawyer
- This decision was resolved before reaching the Dhanasar merits analysis. What does my case need to establish first — the underlying EB-2 classification itself — before the national-interest question is even reached?
- 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?