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EB-2 NIWEnergy and climateEmployerDecided September 2023Dismissed

Outcome: Dismissed

SEP052023_02B5203

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

Our summary

Employer-sponsored petroleum engineer sought EB-2 NIW to continue current role. Advanced degree requirement met. AAO dismissed appeal; petitioner failed to articulate specific proposed endeavor distinct from general job duties and did not demonstrate national importance beyond occupational significance.

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 · Petroleum engineer's role as product champion lacks defined specific endeavor; general occupational importance insufficient for national importance finding

Criteria

CriterionReadingWhy
Merit and national importanceNot metPetroleum engineer's role as product champion lacks defined specific endeavor; general occupational importance insufficient for national importance finding
Well positionedNot reached / not discussedFirst prong not met; second prong reserving analysis not necessary to decision
Balance favors a waiverNot reached / not discussedFirst prong not met; third prong reserving analysis not necessary to decision

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

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