NIW Bearings
dismissedAUG222024_11B52032024-08-22 · 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 intended to work as a senior drilling/petroleum engineer providing specialized drilling operation and management services to oil and gas companies in the United States, including wellbore stability analysis, drilling optimization, and well control, and also planned to lecture and train other engineers on drilling best practices.

Field: petroleum/drilling engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as advanced degree professional; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

The Petitioner has not shown, for example, how his work would lead to national or global implications to the field, or otherwise impact domestic production beyond the contributions of a single professional in his field.
On appeal, the Petitioner continues to rely on the importance of the oil and gas field, but this misapplies the Dhanasar framework.
Without sufficient information or evidence regarding any projected U.S. economic impact or job creation directly attributable to his future work
Generalized conclusory statements that do not identify a specific impact in the field have little probative value.
the expert opinion letter and letters of recommendation primarily discuss the Petitioner's expertise and professional background
Here, much of the content of the expert opinion letter and recommendation letters lack relevance with respect to the national importance of the Petitioner's proposed endeavor.

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    much of the content of the expert opinion letter and recommendation letters lack relevance with respect to the national importance
    AAO decision text
  • other · discounted
    such activities, by themselves, generally are not indicative of an impact in the field of STEM more broadly
    AAO decision text
  • resume experience · discounted
    a petitioner's expertise and record of success are considerations under Dhanasar's second prong
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • Endeavor too vague · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
  • Letters conclusory · p1letters praise skills in general terms without tracing specific impact
  • Letters not independent · p1letters come from employers and close collaborators, not independent experts
2,501coded decisions carry the failure named in this record. A placement shows where your profile sits among them, not what it predicts.See where your profile sits — 90 seconds

Notable

AAO explicitly withdrew the Director's finding on substantial merit (finding it established), but affirmed denial on national importance alone, illustrating that the two sub-elements of prong 1 can be split. AAO also found the Director made a factual misstatement about the Petitioner's profession but deemed it harmless error, citing harmless-error case law (Aguilar, Japarkulova).

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. 103.3
  • Flores v. Garland
  • Matter of Caron Int'l
  • Matter of D-R-
  • Matter of L-A-C-
  • Matter of O-R-E-

Cases in adjacent profiles