trucking and logistics
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
Evidence type: business plan
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his business and its customers to impact his field, the logistics industry, the trucking workforce, U.S. societal welfare, government initiatives, U.S. infrastructure, cultural enrichment, or the U.S. economy more broadly at a level commensurate with national importance”
Decision PDF, p. 4Open 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.
“he does not point to specific evidence in the record showing that has commanded a salary, or other remuneration for services, which demonstrates exceptional ability”
p. 3
“did not provide evidence showing that "he has at least five years of progressive post-baccalaureate experience in the specialty"”
p. 2
“did not submit a detailed advisory evaluation of his credentials”
p. 2
“the evidence presented, however, is not sufficient to demonstrate that AMA has a membership body comprised of individuals who have earned a U.S. baccalaureate degree or its foreign equivalent”
p. 3
“this certificate reflects internal recognition from the Beneficiary's employer and therefore it does not rise to the level of "achievements and significant contributions to the industry or field"”
p. 3
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 insufficient to establish that proposed endeavor has national importance. 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?