global public health policy and systems
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: proposed endeavor has substantial positive economic effects
Evidence type: economic data
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“evidence of the cost effectiveness of universal healthcare is not probative evidence that the Petitioner's proposed endeavor will have a substantial economic impact”
Decision PDF, p. 5Open source PDF
Petitioner argued: proposed endeavor has national importance due to broad impact on public health and mental health innovation ecosystem
Evidence type: recommendation letters
USCIS finding: INSUFFICIENT
“the letters in the record focus on the impact of the Petitioner's prior work and not the prospective impact of the proposed endeavor”
Decision PDF, p. 4Open source PDF
Petitioner argued: proposed endeavor has national importance because it aligns with government initiatives and addresses mental health crisis
Evidence type: government publications
USCIS finding: INSUFFICIENT
“these statements point to issues regarding mental health in the United States, but do not establish the proposed endeavor's impact”
Decision PDF, p. 4Open 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 economic data insufficient to establish that proposed endeavor has substantial positive economic effects. 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?