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 self-employed petroleum geologist with 12 years of experience in well drilling control engineering and geological modeling, sought to work in the United States in the field of petroleum geology, citing the general importance of the U.S. oil and gas industry.
Field: petroleum geology · 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
“the Petitioner did not elaborate on what the specific endeavor of working in the field of petroleum geology would entail and how the endeavor, rather than the industry in generaL would have national importance.”
“the relevant question is not the importance of the industry, field, or profession in which an individual will work; instead, to assess national importance, we focus on the "specific endeavor that the [noncitizen] proposes to undertake."”
“the letters do not address what the Petitioner's specific, prospective endeavor would be and how the endeavor would have national importance, as required by the firstDhanasar prong.”
“Because the events discussed in the article occurred in 2022, after the petition filing date in 2020, it presents a new set of facts that do not establish eligibility.”
“the Petitioner's references to her education and professional experience in the context of national interest is misplaced.”
AAO decision text
How the evidence was treated
- recommendation letter · discounted
“the letters do not address what the Petitioner's specific, prospective endeavor would be and how the endeavor would have national importance”
AAO decision text - resume experience · discounted
“are not evidence of what a prospective proposed endeavor would be and how it would have national importance”
AAO decision text - media · discounted
“it presents a new set of facts that do not establish eligibility”
AAO decision text
Where this case turned
- 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
Notable
The AAO rejected a BBC article about Russia's 2022 invasion of Ukraine and oil/gas sanctions as post-filing evidence under the Michelin Tire Corp. rule, and clarified that education/experience evidence is relevant to prong 2, not prong 1's national-importance analysis. The AAO expressly withdrew the Director's finding that prong 1 was satisfied, reversing the Director on that point while affirming the ultimate denial.
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. 103.2(b)(1)
- 8 C.F.R. 103.3
- Matter of L-A-C-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp