trucking and logistics
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 endeavor will have national importance as opined by experts.
Evidence type: advisory letters
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“these statements are largely conclusory.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor will have national importance as supported by former coworkers.
Evidence type: support letters
USCIS finding: INSUFFICIENT
“they neglect to specifically detail how the endeavor's impact would extend beyond the Petitioner's clients and employees.”
Decision PDF, p. 5Open source PDF
Petitioner argued: The endeavor will have national importance due to alignment with government initiatives and industry importance.
Evidence type: industry reports
USCIS finding: INSUFFICIENT
“the Petitioner's work in an important industry or sector is not sufficient in and of itself to establish the national importance of the proposed endeavor.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The endeavor will have national importance due to economic benefits, job creation, and supply chain improvements.
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner has not established that his endeavor's prospective impact rises to the level of 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 advisory letters insufficient to establish that the endeavor will have national importance as opined by experts.. 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?