logistics and transportation
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: The endeavor will generate employment opportunities and stimulate economic growth.
Evidence type: business plan with projections
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the business plan does not provide sufficient explanation for the basis of these employment projections, or his financial projections”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance because it will introduce innovative transportation solutions and eco-friendly practices, enhancing efficiency and sustainability, and align with national objectives of infrastructure development and urban mobility.
Evidence type: business plan, letters, expert opinion, articles
USCIS finding: INSUFFICIENT
“the evidence did not demonstrate the Petitioner's proposed endeavor has 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_DISCUSSEDOther findings in the decision
Findings on the underlying EB-2 classification and other issues, distinct from the three Dhanasar prongs above.
“these letters do not identify significant contributions he has made to the industry or field”
p. 7
“the record also does not establish that the National Small Business Association limits its memberships to 'professionals'”
p. 6
“he did not provide evidence comparing his income to others working in his field”
p. 6
What 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 business plan with projections insufficient to establish that the endeavor will generate employment opportunities and stimulate economic growth.. 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?