The Petitioner, an engineer employed by a global energy company, proposes to apply advanced analytical and reliability frameworks—including digital-twin modeling and predictive analytics—to modernize U.S. offshore infrastructure, reduce equipment failure and methane emissions, and facilitate energy extraction from challenging environments.

Prong 1 — national importanceestablished

“We withdraw SCOPS' determination that the Petitioner did not establish the national importance of his proposed endeavor under Dhanasar's first prong.”

“Because the Petitioner has demonstrated both the substantial merit and national importance of his proposed endeavor, he has established that he meets the first prong of the Dhanasar framework.”

AAO decision text

Prong 2 — well positionedestablished

“Because the Petitioner has demonstrated that he is well positioned to advance his proposed endeavor, he has established that he meets the second prong of the Dhanasar framework.”

AAO decision text

Prong 3 — balance of factorsnot established · dispositive

“it is not clear that the national interest in those contributions is sufficiently urgent to require their implementation prior to completion of the labor certification process.”

“it remains unclear how the involvement of multiple organizations in the Petitioner's work precludes an employer from the labor certification process.”

“He has not provided adequate reasoning for his argument that the labor certification process is structurally incompatible with his proposed endeavor.”

“it does not contain evidence of interest from government agencies or quasi-government entities that would support waiving the requirements of a job offer.”

“Here, however, the record does not show that the Petitioner has a Ph.D.”

AAO decision text

How the evidence was treated

• recommendation letter · discounted

  “although the record contains several detailed letters of endorsement from experienced individuals in the field, it does not contain evidence of interest from government agencies or quasi-government entities”

  AAO decision text
• other · discounted

  “it is not clear that the national interest in those contributions is sufficiently urgent to require their implementation prior to completion of the labor certification process”

  AAO decision text
• resume experience · credited
• other · discounted

  “the Petitioner's RFE response does not explain how the filing of a labor certification by a company that will employ him would limit his ability to continue and expand upon his current work”

  AAO decision text
• degree · credited

Where this case turned

• Strong positive factor rejected · p3 — the STEM critical-and-emerging-technology factor was claimed but not accepted on the record
• Urgency not established · p3 — no reason shown why the benefit cannot wait for labour certification
• U.S. worker availability · p3 — the impracticality of a labour-market test was asserted, not established

Notable

Unusually, the AAO reversed SCOPS on prong 1 (national importance) and affirmed SCOPS on prong 2 (well positioned), finding both in the Petitioner's favor, but dismissed the appeal solely on prong 3. The AAO explicitly agreed that SCOPS' prong 3 analysis consisted of 'conclusory statements without fuller analysis,' yet conducted its own de novo analysis and still found against the Petitioner. The AAO noted the Petitioner's current L-1A status sponsored by a U.S. subsidiary employer as undermining his argument that labor certification is structurally incompatible with his multi-organizational work. The absence of a Ph.D. was cited as a missing strong positive factor under the USCIS Policy Manual STEM provision. The Petitioner's argument that no single employer could sponsor a labor certification due to multi-stakeholder project structures was rejected as insufficiently elaborated.

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