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EB-2 NIWEnergy and climateIndividualDecided December 2021Dismissed

Outcome: Dismissed

DEC152021_01B5203

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

Our summary

An oil and gas industry consultant with advanced degree seeks NIW for EB-2 classification. He claimed his proposed consulting work would benefit the U.S. energy sector. The AAO dismissed the appeal, finding his endeavor lacked national importance and benefited only his employer and clients, not the broader industry or economy.

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 lacks national importance; benefits only employer and clients, not broader industry

Criteria

CriterionReadingWhy
Merit and national importanceNot metProposed endeavor lacks national importance; benefits only employer and clients, not broader industry
Well positionedNot reached / not discussedNot reached due to failure of first prong; letters address past accomplishments, not prospective endeavor
Balance favors a waiverNot reached / not discussedNot reached because first Dhanasar prong not established

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

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