NIW Bearings
dismissedAUG222023_02B52032023-08-22 · 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 works as a financial controller for oil and gas exploration companies, managing large budgets and implementing financial management strategies, and plans to leverage his professional relationships abroad to encourage foreign investment in the U.S. energy sector.

Field: financial control in oil and gas industry · Read the decision (uscis.gov)

EB-2 threshold — addressed

AAO agreed Petitioner qualifies as an advanced degree professional based on bachelor's degree equivalency plus over five years of progressive experience.

Prong 1 — national importancenot established · dispositive

The Director found insufficient evidence that the Petitioner's endeavor would substantially affect the oil and gas industry beyond his employer and its clients.
As the Director found, however, the record lacks corroborating evidence that the money the Petitioner saved his employer reduced its clients' costs.
But the record lacks sufficient evidence that his former or new employer used, or would likely use, money he saves them to create U.S. jobs or increase research and development fonding.
The Petitioner therefore has not sufficiently established that his proposed endeavor has national importance.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    the Director found them to contain conclusory statements, unsupported by documentary evidence
    AAO decision text
  • resume experience · credited
  • degree · credited
  • contract revenue · discounted
    the record lacks corroborating evidence that the money the Petitioner saved his employer reduced its clients' costs
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Employer-specific benefit · p1"work furthers my company's product" — value accrues to one firm
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Local, not national scope · p1impact confined to clients / a region
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Notable

AAO relied heavily on outside evidence (SEC filings, audited financial statements, news articles about oil company profits used for dividends/buybacks) to rebut the Petitioner's claims that saved money would translate into U.S. job creation or R&D investment, contrasting his former employer's broad multinational client base with his new employer's narrower, financially struggling profile.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 204.5(k)(2)
  • Flores v. Garland
  • Matter of L-A-C-

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