dismissedAUG212018_02B52032018-08-21 · appeal · Texas Service Center
This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a geophysicist with a Ph.D. in geology, proposed to continue consulting work in geophysical data processing and modeling for oil and gas industry clients, alongside future academic research and participation in several geoscience research projects.
Field: geophysics (oil and gas industry) · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director found, and the AAO did not disturb, that the Petitioner qualifies as a member of the professions holding an advanced degree.
Prong 1 — national importancenot established · dispositive
“we find that the proposed endeavor in this case will not sufficiently extend beyond the Petitioner's clients to impact the oil and gas industry more broadly than his specific consulting projects”
“the relevant question is not the importance of the fields or industries in which the individual will work; instead we focus on the "the specific endeavor that the foreign national proposes to undertake."”
“As the Petitioner has not sufficiently demonstrated that his proposed work supports a finding of national importance, he has not met the first prong of the Dhanasar framework.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“does not illustrate the capacity in which the Petitioner will work on the project or the national importance of his proposed activities.”
AAO decision text - media · discounted
“does not illustrate the capacity in which the Petitioner will work on the project or the national importance of his proposed activities.”
AAO decision text - other · discounted
“does not indicate the capacity in which he will work on the aforementioned research project or demonstrate the national importance of his proposed research.”
AAO decision text - degree · credited
Where this case turned
- Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Local, not national scope · p1 — impact confined to clients / a region
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Notable
The AAO withdrew the Director's erroneous finding that the Petitioner had misrepresented his employment history, noting the Director overlooked a second work-experience form; this did not affect the ultimate outcome.
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