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EB-2 NIWEnergy and climateEmployerDecided April 2025Dismissed

Outcome: Dismissed

APR042025_07B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Petroleum engineer with advanced degree sought EB-2 national interest waiver for work on hydraulic fracturing fluid technologies. Petitioner's endeavor had substantial merit but lacked required national importance. Decision distinguished between employer significance and specific endeavor impact, finding insufficient evidence of prospective impact directly attributable to petitioner's work.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Merit and national importance · Proposed endeavor has substantial merit but lacks national importance; petitioner focused on employer impact not specific endeavor impact

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor has substantial merit but lacks national importance; petitioner focused on employer impact not specific endeavor impact
Well positionedNot reached / not discussedFirst prong failed; second prong analysis not reached under Dhanasar framework
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong analysis not reached under Dhanasar framework

A published decision describes one case. It is not legal advice and not a prediction for yours.

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