NIW Bearings
dismissedJUL142021_04B52032021-07-14 · 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 well control instructor for an oil drilling company, proposed to continue teaching well control techniques (e.g., IADC WELL SHARP courses) to his employer's and contractors' employees to reduce well control incidents.

Field: oil and gas well control instruction/training · Read the decision (uscis.gov)

EB-2 threshold — addressed

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

Prong 1 — national importancenot established · dispositive

“benefits the Petitioner's employer and contractors; however, the record does not establish how the endeavor would have broader implications”
“The Petitioner's focus on appeal on the field of drilling in general does not address specific aspects of the proposed endeavor”
“the record does not establish that the Petitioner would contribute prospectively to the IADC Well Control Curriculum”

AAO decision text

How the evidence was treated

  • recommendation letter · discounted
    “the record does not establish that the Petitioner would contribute prospectively to the IADC Well Control Curriculum”
    AAO decision text
  • other · discounted
    “does not address specific aspects of the proposed endeavor and how the performance of the planned activities would have broader implications”
    AAO decision text

Where this case turned

  • Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
  • Local, not national scope · p1 — impact confined to clients / a region
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Notable

The Director had found substantial merit but not national importance; AAO expressly reserved opinion on prongs two and three after finding prong one dispositive. Decision contains OCR redaction artifacts obscuring a witness/organization name (rendered as blank brackets).

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.

  • INA 203(b)(2)

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