trucking industry
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 national importance due to macroeconomic implications
Evidence type: assertions on appeal
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner provides little explanation and supporting documentation to substantiate that his proposed trucking business would have a potential prospective national impact on the United States' long-term economic prospects, its poverty rates, education and healthcare, or innovation within the U.S. economy.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to substantial positive economic effects
Evidence type: business plan with revenue and job creation projections
USCIS finding: INSUFFICIENT
“these employment and revenue projections are not supported by details showing their basis. In addition, the record does not support that the direct creation of 50 additional jobs in this sector or the expected revenue generated by the company will have a substantial economic benefit commensurate with the national importance element of the first prong of the Dhanasar framework.”
page not extractedOpen source PDF
Petitioner argued: proposed endeavor has national importance due to addressing supply chain vulnerabilities exposed by COVID-19
Evidence type: assertions on appeal
USCIS finding: INSUFFICIENT
“the Petitioner did not sufficiently indicate or document how his proposed trucking company would have 'far-reaching implications' on the U.S. supply chain such that this would have a potential prospective national impact on how critical goods are supplied within the country.”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to addressing truck driver shortage and aligning with INSSG
Evidence type: assertions on appeal
USCIS finding: INSUFFICIENT
“The Petitioner has not established how the creation of 20 new truck driving positions would resolve this shortage or impact it on a national level. Moreover, although the Petitioner asserts that his endeavor aligns with the INSSG, he does not sufficiently explain how his endeavor would safeguard national security and foster a prosperous and democratic society.”
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 assertions on appeal insufficient to establish that proposed endeavor has national importance due to macroeconomic implications. 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?