The Petitioner, a petroleum drilling engineer, proposed to continue working in the United States in his field, specializing in drilling and completions (e.g., cementing and casing) for a private-sector employer.

Prong 1 — national importancenot established · dispositive

“his statement emphasized his expertise as an oil drilling engineer and detailed duties he would perform for his employer without showing the broader implications in his field rising to the level of national importance”

“The reference in the USCIS Policy Manual to quasi-governmental entities specifically relates to letters issued by those entities who are interested in a petitioner's endeavor, not reports or articles issued by those entities relating to an industry or field.”

AAO decision text

How the evidence was treated

• motion resubmission · discounted

  “Resubmitting the previously provided reports and articles does not constitute new facts.”

  AAO decision text
• other · discounted

  “does not constitute new evidence supporting new facts that are material to the issues raised on motion which have not been previously submitted”

  AAO decision text

Where this case turned

• Economic claims unsupported · p1 — job/revenue projections with no corroborating basis
• Employer-specific benefit · p1 — "work furthers my company's product" — value accrues to one firm
• Occupational shortage argument rejected · p1 — argues a labor shortage — the labor-certification question, not Dhanasar

Notable

This is a second combined motion to reopen/reconsider following a prior appeal dismissal and prior motion dismissal. The Petitioner argued that post-filing USCIS Policy Manual updates and government reports (CISA, CRS) constituted new evidence/facts, but AAO found these had already been considered or did not qualify as new facts under 8 C.F.R. 103.5. Prong 2 was previously found satisfied and Prong 3 was reserved/not reached (Bagamasbad doctrine), with only Prong 1 remaining dispositive across all decisions.

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. 103.5
• Flores v. Garland
• Matter of Coelho
• Matter of O-S-G-

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