NIW Bearings
dismissedJAN192023_01B52032023-01-19 · appeal · Nebraska 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 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 · p1described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1argues the field matters, not the specific endeavor
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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