transportation and logistics
EB-2 National Interest Waiver — Merits Decision
Underlying petition: APPROVED · —
Legal elements discussed — Matter of Dhanasar
Prong 1 — Substantial Merit & National Importance
FAILPetitioner argued: The proposed endeavor has national importance because it addresses critical workforce shortages.
Evidence type: assertion on appeal
U.S. Citizenship and Immigration Services (USCIS) finding: INSUFFICIENT
“the Petitioner asserts that his proposed endeavor will address critical workforce shortages but does not provide corroboration for this assertion.”
Decision PDF, p. 4Open source PDF
Petitioner argued: The proposed endeavor has national importance due to its potential economic impact and alignment with national priorities.
Evidence type: business plan, expert opinion letter, personal statement
USCIS finding: INSUFFICIENT
“SCOPS determined the Petitioner had not provided sufficient evidence regarding his endeavor's projected economic impact. We agree that the Petitioner did not present supporting evidence corroborating the assertions and figures in his business plan.”
Decision PDF, p. 3Open source PDF
Petitioner argued: The proposed endeavor has national importance because it aligns with U.S. national priorities.
Evidence type: personal statement
USCIS finding: INSUFFICIENT
“merely aligning with government initiatives is insufficient to establish the national importance of a proposed endeavor.”
Decision PDF, p. 4Open 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 assertion on appeal insufficient to establish that the proposed endeavor has national importance because it addresses critical workforce shortages.. 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?