veterinary medicine
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: Expert opinion letters support the national importance of the proposed endeavor.
Evidence type: expert opinion letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the letter does not contain sufficient information and explanation of the Petitioner's proposed endeavor, nor does the record include adequate corroborating evidence, to show that the Petitioner's specific proposed work in the veterinary industry offers broader implications in his field or substantial positive economic effects for our nation that rise to the level of national importance.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The proposed endeavor will have substantial positive economic effects, including job creation and revenue generation.
Evidence type: business plan with RIMS II multipliers
USCIS finding: INSUFFICIENT
“he did not demonstrate the relevance of these numbers or show how such employment figures would utilize a significant population of workers in the area or would substantially impact job creation and economic growth, either regionally or nationally.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its broader implications for the agricultural and veterinary industries.
Evidence type: business plan, expert opinion letters, letters of recommendation
USCIS finding: INSUFFICIENT
“the evidence in the record does not establish, by a preponderance of the evidence, the proposed endeavor rises to the level of national importance contemplated under the Dhanasar framework.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor aligns with national initiatives and addresses pressing issues recognized by the U.S. government.
Evidence type: references to government programs
USCIS finding: INSUFFICIENT
“merely working in an important field or profession is insufficient to establish the national importance of the proposed endeavor.”
Decision PDF, p. 5Open 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 expert opinion letters insufficient to establish that expert opinion letters support the national importance of the proposed endeavor.. 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?