accounting and financial audit
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: The proposed endeavor has national importance
Evidence type: articles
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“None of the excerpted articles discuss the Petitioner's specific proposed endeavor.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance
Evidence type: support letters
USCIS finding: INSUFFICIENT
“T-S-2 commends the Petitioner's 'exceptional qualifications and contributions to the field of auditing' and expresses 'no doubt she would be a valuable asset to the United States and its economy.' T-S-2 does not indicate, however, that any of the Petitioner's contributions have had national or global implications in her field.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance
Evidence type: support letters
USCIS finding: INSUFFICIENT
“D-O- states the Petitioner's proposed endeavor has national importance because 'addressing the current challenges in the financial services sector, including on financial reporting, regulatory compliance, and audit assurance is critical to maintaining the integrity of any country's economic strength.' D-O- does not discuss how the Petitioner's proposed endeavor would extend beyond individual businesses and agencies to maintain the integrity of U.S. economic strength.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance
Evidence type: support letters
USCIS finding: INSUFFICIENT
“E-C- states the Petitioner's proposed endeavor 'has the potential to immediately contribute to the enhancement of financial transparency, risk compliance, and risk management in the United States. This will significantly impact both the economy and the regulatory environment.' However, E-C- does not indicate how the Petitioner's work would extend beyond individual businesses and agencies to impact her field more broadly in a manner commensurate with 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 articles insufficient to establish that the proposed endeavor has national importance. 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?