military chaplaincy
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Texas Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: her elaboration on her proposed endeavor and its prospective impact provides new facts
Evidence type: declaration
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner's statement is not sufficiently material, relevant, or probative evidence to reopen this matter because it does not demonstrate any impact or implications of the workshops and training programs beyond the individuals availing themselves ofthe service.”
Decision PDF, p. 3Open source PDF
Petitioner argued: her endeavor has been more broadly recognized by both Congress and federal courts as one that is vital to the national interest of the United States
Evidence type: court dicta
USCIS finding: INSUFFICIENT
“The new facts the Petitioner identifies described in the court's dicta in Katcoffdo not delve into whether the potential prospective impact of military chaplaincy had national importance based on its national or even global implications.”
Decision PDF, p. 2Open source PDF
Petitioner argued: her endeavor's national importance is supported by the recommendation letters she submitted
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the content of the letters themselves speak about the Petitioner's attributes and not the attributes of the proposed endeavor.”
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 declaration insufficient to establish that her elaboration on her proposed endeavor and its prospective impact provides new facts. 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?