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dismissed EB-2 (NIW)

Upstream Portfolio Global Implementation Lead

Oil And Gas Industry · 2022-03-17

Decision Date
2022-03-17
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to continue performing advanced engineering and management work in the oil and gas industry. He specifically seeks to serve as an upstream portfolio global implementation lead for his current employer.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner's expertise, record of success, and high salary demonstrate he is well-positioned.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks evidence of national importance or broader industry impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that the benefits of his work would outweigh the need for labor certification.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of his specific endeavor, as the evidence showed impact limited to his employer rather than the industry. Although he demonstrated substantial merit and was well-positioned (Prong 2) due to his high salary and experience, he did not satisfy the first prong's national importance requirement or the third prong's balancing test.

Evidence

Evidence Types
High Salary
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-03-17.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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