quantitative finance

EB-2 National Interest Waiver — Merits Decision

2025-10-01·DISMISSED·IN RE: 39416619

Underlying petition: DENIED · Service Center Operations (SCOPS)

Legal elements discussed — Matter of Dhanasar

Prong 1 — Substantial Merit & National Importance

FAIL

Petitioner argued: Recommendation letter attests to rare talent and lasting impact.

Evidence type: recommendation letter

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

these broad, general assertions are made without sufficient support that would help establish the potential impact of the Petitioner's endeavor.

Decision PDF, p. 4Open source PDF

Petitioner argued: The proposed endeavor has national importance due to its impact on financial stability.

Evidence type: publications and reports

USCIS finding: INSUFFICIENT

this evidence relates only to the financial services industry and risk management in general and not to the Petitioner's specific proposed endeavor.

Decision PDF, p. 3Open source PDF

Petitioner argued: Opinion letters corroborate national importance.

Evidence type: opinion letters

USCIS finding: INSUFFICIENT

the letters do not provide a sufficient, specific explanation of the endeavor's national importance.

Decision PDF, p. 4Open source PDF

Prong 2 — Well Positioned to Advance the Endeavor

NOT_DISCUSSED

Prong 3 — Balancing the Waiver's Benefits

NOT_DISCUSSED

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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Questions this raises for your lawyer

  • On Prong 1 (substantial merit & national importance), USCIS found the petitioner's recommendation letter insufficient to establish that recommendation letter attests to rare talent and lasting impact.. 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?
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