Gummaraju v. Noem

District Court, District of Columbia·Decided June 15, 2026·No. Civil Action No. 2025-3714·Published

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

RAKSHIT GUMMARAJU,

Plaintiff,

Civil Action No. 25 - 3714 (SLS)

v.

Judge Sparkle L. Sooknanan MARKWAYNE MULLIN, Secretary of Homeland Security, 1 et al.,

Defendants.

MEMORANDUM OPINION

Rakshit Gummaraju is a mechanical engineer with special expertise in designing safety measures for battery-powered electric vehicles. In 2024, Mr. Gummaraju filed a petition seeking an EB-2 immigrant visa—a type of visa available to highly skilled foreign nationals ultimately seeking lawful permanent residence in the United States. The U.S. Citizenship and Immigration Services (USCIS) denied Mr. Gummaraju’s petition. He filed this lawsuit to challenge that decision. The Defendants now move to either dismiss Mr. Gummaraju’s lawsuit for improper venue or transfer it to the Eastern District of Michigan or the District of Nebraska. If the Court declines to dismiss, the Defendants seek an extension of time to respond to the Complaint following resolution of the transfer motion. Because venue is more appropriately located in the Eastern District of Michigan, the Court grants the motion to transfer. Out of deference to the transferee court, the Court denies the motion for an extension without prejudice.

1 The current Secretary is substituted for his predecessor pursuant to Federal Rule of Civil Procedure 25(d).

BACKGROUND

A. Statutory Background The Immigration and Nationality Act provides that a certain number of visas—known as EB-2 visas—must be made available to foreign nationals

who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

8 U.S.C. § 1153(b)(2)(A). “The process for obtaining an EB-2 visa generally begins when a prospective employer in the United States files an I-140 Immigrant Petition with USCIS on behalf of the foreign national.” Aghakasiri v. Bondi, No. 24-cv-2898, 2026 WL 772711, at *1 (D.D.C. Mar. 19, 2026) (citing 8 U.S.C. § 1154(a)(1)(F); 8 C.F.R. § 204.5(k)(1)). “The petition serves to demonstrate that the prospective employer wishes to hire the foreign national and has obtained the appropriate certification from the U.S. Department of Labor to do so.” Id. (citing 8 C.F.R. § 204.5(k)(4)). But the job-offer and labor-certification requirements may be waived when it is in the “national interest.” 8 U.S.C. § 1153(b)(2)(B)(i)). “A foreign national who believes that he qualifies for such a national-interest waiver may file the I-140 Petition himself and request the waiver.” Aghakasiri, 2026 WL 772711, at *1 (citing 8 C.F.R. § 204.5(k)(1)).

In determining if a “national interest waiver” should be granted, USCIS applies legal standards set forth in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a decision by the USCIS Administrative Appeals Office. That decision provides that

USCIS may grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

Id. at 889 (footnote omitted).

B. Factual Background The Court draws the facts, accepted as true, from the Plaintiff’s Complaint and attachments. Wright v. Eugene & Agnes E. Meyer Found., 68 F.4th 612, 619 (D.C. Cir. 2023); see also Aishat v. DHS, 288 F. Supp. 3d 261, 264 (D.D.C. 2018) (assuming facts in complaint to be true for purposes of resolving motion to dismiss under Federal Rule of Procedure 12(b)(6) and motion to transfer under 28 U.S.C. § 1404(a)).

Mr. Gummaraju “is a mechanical engineer with expertise in designing and developing automotive safety measures” for battery-powered electric vehicles (EVs). Compl. ¶ 21, ECF No. 1. He has a Master’s degree in Mechanical Engineering from Wayne State University, and has more than “eight years of experience in the field of automobile crash and safety restraint engineering,” including “specialized knowledge of his field” as it relates to EVs. Compl. ¶ 22, 32. When he filed the petition at issue, Mr. Gummaraju was working for LandX Motors, an EV startup company in Farmington Hills, Michigan, where he supported development of “an electric battery truck designed specifically for the U.S. Army.” Compl. ¶ 22.

Mr. Gummaraju, a citizen of India, currently resides in Troy, Michigan. Compl. 1, ¶ 1. On November 15, 2024, he filed an I-140 Petition “requesting approval of an EB-2 immigrant visa classification based on a national interest waiver.” Compl. ¶ 23. Mr. Gummaraju’s proposed endeavor was “to design and develop safety restraint systems for Battery EVs.” Compl. ¶ 24. In support of his Petition, he presented evidence that his expertise in mechanical engineering and his proposed endeavor “have applications in the advancement of energy storage, energy-efficiency technologies, and electric and hybrid Engines, which are formally recognized as critical and emerging technologies by the National Science and Technology Council.” Id.

On March 17, 2025, the USCIS Service Center in Lincoln, Nebraska requested additional evidence from Mr. Gummaraju establishing: “(1) that [his] proposed endeavor has national importance, (2) that he is well-positioned to advance the proposed endeavor, and (3) that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.” Compl. ¶ 25; see also id., Ex. 2 (Request for Evidence), ECF No. 1- 2 at 9–16.

In response, on April 3, 2025, Mr. Gummaraju submitted additional evidence and legal arguments in support of his Petition. Compl. ¶ 26. This included evidence: (1) that increasing domestic automobile manufacturing was a priority of both the prior and current presidential administrations; (2) that Mr. Gummaraju had substantial expertise and experience working in the automative safety engineering field; and (3) that it would be beneficial to waive the job-offer and labor-certification requirements because those requirements were impractical for “individuals at the cutting edge of electric vehicle technology” who were employed by startups with less stable funding (like Mr. Gummaraju’s employer LandX Motors). Compl. ¶¶ 26–33.

On May 21, 2025, USCIS denied Mr. Gummaraju’s I-140 Petition. Compl. ¶ 34. USCIS did not question that Mr. Gummaraju’s proposed endeavor had substantial merit or that Mr. Gummaraju was well-positioned to advance it. Compl. ¶ 35; see also id., Ex. 1 (Denial Notice), ECF No. 1-2 at 1–7. Rather, USCIS found that Mr. Gummaraju had not sufficiently demonstrated that: (1) his proposed endeavor was of “national importance,” or that (2) “it would be beneficial to the U.S. to waive the requirements of a job offer and thus of a labor certification.” Compl. ¶¶ 35–37. The Denial Notice, like the Request for Evidence, was issued by the USCIS Service Center in Lincoln, Nebraska. Denial Notice at 1.

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