NIW Bearings
dismissedDEC222022_01B52032022-12-22 · 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, a drilling engineer, sought to continue his career in drilling and wells engineering in the U.S. oil and gas industry, focusing on data acquisition, optimization, and improving performance of mature reservoirs.

Field: drilling and wells engineering / mechanical engineering · Read the decision (uscis.gov)

EB-2 threshold — addressed

Director found Petitioner qualified as a member of the professions holding an advanced degree; not disputed on appeal.

Prong 1 — national importancenot established · dispositive

the relevant question is not the importance of the industry or profession in which the individual will work
the record lacks sufficient evidence to establish a strong connection between the proposed endeavor activities and job creation or tax revenues on a level commensurate with national importance
does not explain the basis for this conclusion or identify the positive economic impacts of which he opines
neither[ ] nor the Petitioner sufficiently explain how the Petitioner's work as a drilling and wells engineer would resolve the shortage or produce an impact rising to the level of national importance

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    does not explain how the Petitioner's specific endeavor will impact or benefit the industry
    AAO decision text

Where this case turned

  • Economic claims unsupported · p1job/revenue projections with no corroborating basis
  • 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
  • Occupational shortage argument rejected · p1argues a labor shortage — the labor-certification question, not Dhanasar
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

Petitioner argued AAO was legally required to conduct a one-to-one comparison of his impact to that of Dr. Dhanasar himself, citing the concept of precedent decisions; AAO rejected this as a misunderstanding of how precedent decisions function. Petitioner also invoked STEM field status and occupational shortage arguments, both rejected as insufficient without endeavor-specific evidence.

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
  • Matter of L-A-C-
  • USCIS Policy Manual F.5(D)(2)

Cases in adjacent profiles