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 · p1 — job/revenue projections with no corroborating basis
- Endeavor too vague · p1 — described as a job role, not a defined undertaking
- Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
- Letters conclusory · p1 — letters praise skills in general terms without tracing specific impact
- Letters not independent · p1 — letters come from employers and close collaborators, not independent experts
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
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod