transportation and logistics
EB-2 National Interest Waiver — Merits Decision
Underlying petition: DENIED · Nebraska Service Center
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: proposed endeavor has substantial merit and national importance
Evidence type: articles, letters, expert opinion
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“neither the articles about freight trucking industry in general nor the employment verification, investor, and other letters address the Petitioner's specific endeavor.”
Decision PDF, p. 3Open source PDF
Prong 2 — Well Positioned to Advance the Endeavor
FAILPetitioner argued: well positioned to advance proposed endeavor
Evidence type: resume, business plan, certifications, investment letters
USCIS finding: INSUFFICIENT
“the record remains insufficient to show that he has the education, skills, knowledge, and record of success in related or similar efforts to advance his proposed endeavor.”
Decision PDF, p. 6Open source PDF
Prong 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, letters, expert opinion insufficient to establish that proposed endeavor has substantial merit and national importance. What would make comparable evidence in my own case more persuasive?
- On Prong 2 (well positioned to advance the endeavor), USCIS found the petitioner's resume, business plan, certifications, investment letters insufficient to establish that well positioned to advance 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?