EB-2 NIWEnergy and climateEmployerDecided February 2023Dismissed
Outcome: Dismissed
FEB032023_01B5203
Merit and national importanceNot metWell positionedMetBalance favors a waiverNot reached / not discussed
Our summary
A petroleum drilling engineer holding advanced-degree equivalent sought an EB-2 national interest waiver. The AAO affirmed denial, finding his proposed endeavor of continuing employment in casing and cementing specialization lacked national importance. Though well positioned to advance the work, failure on the first prong precluded waiver eligibility.
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
- Well positioned · Petitioner has established expertise, education, and successful record in related drilling engineering work
What was missing
- Merit and national importance · Proposed endeavor of continuing employment as drilling engineer lacks national importance; industry importance does not substitute for specific endeavor analysis
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Proposed endeavor of continuing employment as drilling engineer lacks national importance; industry importance does not substitute for specific endeavor analysis |
 Well positioned | Met | Petitioner has established expertise, education, and successful record in related drilling engineering work |
 Balance favors a waiver | Not reached / not discussed | Not reached because petitioner failed first prong of Dhanasar framework |
A published decision describes one case. It is not legal advice and not a prediction for yours.