transportation and logistics
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
PASSProng 2 — Well Positioned to Advance the Endeavor
NOT_DISCUSSEDPetitioner argued: Petitioner is well positioned to advance the proposed endeavor
Evidence type: educational records, resume, personal statement, letters of recommendation, business plan, financial documents
U.S. Citizenship and Immigration Services (USCIS) finding: NOT_DISCUSSED
“We therefore withdraw the Director's determination on this issue and remand to the Director, in part, to consider the relevant evidence in the record and reassess whether the Petitioner satisfies prong two.”
Decision PDF, p. 3Open source PDF
Prong 3 — Balancing the Waiver's Benefits
NOT_DISCUSSEDPetitioner argued: On balance, waiver would be beneficial to the United States
Evidence type: business plan indicating current employment
USCIS finding: NOT_DISCUSSED
“We therefore withdraw the Director's determination on this issue and remand to the Director, in part, to analyze the relevant evidence of record related to the third prong and reassess whether this prong is satisfied.”
Decision PDF, p. 3Open source PDF
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 discussed transportation and logistics. Describe your own work and see which decisions discussed the same issue.
Describe your situation →Related decisions
Questions this raises for your lawyer
- 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?