EB-2 NIWEnergy and climateEmployerDecided March 2021Dismissed
Outcome: Dismissed
MAR122021_04B5203
Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
A petroleum engineer sought an EB-2 classification with a national interest waiver. The director accepted the advanced degree and substantial merit but found national importance lacking. The AAO adopted that decision and dismissed the appeal, finding no evidence the work would affect the industry beyond the employer or produce substantial economic effects, and reserved the other prongs.
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 · Substantial merit was accepted, but national importance was not shown beyond the employer's projects and the energy sector generally.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not met | Substantial merit was accepted, but national importance was not shown beyond the employer's projects and the energy sector generally. |
 Well positioned | Not reached / not discussed | Remaining issues were reserved because the first prong was dispositive. |
 Balance favors a waiver | Not reached / not discussed | Remaining issues were reserved because the first prong was dispositive. |
A published decision describes one case. It is not legal advice and not a prediction for yours.