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: endeavor aligns with government initiatives including Trucking Action Plan
Evidence type: argument
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“Alignment with general national goals, in and of itself: does not necessarily establish that the Petitioner's endeavor rises to the level of national importance.”
Decision PDF, p. 3Open source PDF
Petitioner argued: endeavor will support job creation and economic growth
Evidence type: assertion
USCIS finding: INSUFFICIENT
“the Petitioner has not submitted supporting evidence to demonstrate the specific endeavor she proposes to undertake has significant potential to employ U.S. workers or otherwise offers substantial positive economic effects”
Decision PDF, p. 3Open source PDF
Petitioner argued: proposed endeavor has national importance due to addressing critical challenges in U.S. trucking and logistics industry
Evidence type: business plan
USCIS finding: INSUFFICIENT
“the Petitioner does not explain how her proposed endeavor would offer benefits extending beyond her clients to impact the transportation field more broadly”
Decision PDF, p. 3Open source PDF
Petitioner argued: letters of recommendation support national importance
Evidence type: letters of recommendation
USCIS finding: INSUFFICIENT
“the letters of recommendation add little probative value in establishing the Petitioner's eligibility under Dhanasar 's first prong”
Decision PDF, p. 4Open source PDF
Petitioner argued: opinion letter supports national importance
Evidence type: opinion letter
USCIS finding: INSUFFICIENT
“the letter does not contain sufficient information and explanation of the Petitioner's proposed endeavor”
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 argument insufficient to establish that endeavor aligns with government initiatives including Trucking Action Plan. 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?