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EB-2 NIWEnergy and climateEmployerDecided August 2024Dismissed

Outcome: Dismissed

AUG272024_09B5203

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

Our summary

Subsea engineer sought EB-2 national interest waiver for petroleum engineering role. Petitioner cited clean energy importance and industry reports. AAO held the field's national importance did not establish his specific endeavor's national importance; no evidence of projected economic impact or employment generation from his services.

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 · Subsea engineer's work for oil and gas company lacks demonstrable national importance separate from employer's operations.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSubsea engineer's work for oil and gas company lacks demonstrable national importance separate from employer's operations.
Well positionedNot reached / not discussedFirst prong failed; second prong analysis not required.
Balance favors a waiverNot reached / not discussedFirst prong failed; third prong analysis not required.

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

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