EB-2 NIWEnergy and climateEmployerDecided August 2021Dismissed
Outcome: Dismissed
AUG122021_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
A petroleum engineer seeking NIW claimed ability to advance research on artificial lift technology. The AAO found the proposed endeavor met the first Dhanasar prong but dismissed the appeal because the engineer's publications, citations, education, and journal service did not demonstrate he was well positioned to advance the specific research.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Petroleum research on artificial lift technology found to have substantial merit and national importance
What was missing
- Well positioned · Published work not shown to generate substantial industry discourse or record of success in field
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Petroleum research on artificial lift technology found to have substantial merit and national importance |
 Well positioned | Not met | Published work not shown to generate substantial industry discourse or record of success in field |
 Balance favors a waiver | Not reached / not discussed | Not reached because second prong failed |
A published decision describes one case. It is not legal advice and not a prediction for yours.