dismissed EB-2 (NIW)

Subsea Field Engineer

Oil And Gas Industry ยท 2024-08-27

Decision Date
2024-08-27
Location
Texas
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 intends to work for a company in Texas, maintaining safe, efficient, and reliable product and service delivery to customers in the oil and gas industry as a petroleum engineer. With a degree in mechanical engineering and more than ten years of experience as an engineer focusing in subsea engineering, he aims to install subsea components by conducting research and directing crews in drilling operations.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

USCIS found the proposed endeavor had substantial merit but lacked national importance, as the petitioner failed to demonstrate the national importance of his specific subsea engineering services.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit, the record did not demonstrate how his particular services would have a significant potential to employ U.S. workers or offer substantial positive economic effects. Furthermore, the petitioner did not sufficiently explain how his specific endeavor, separate from the general industry, would accomplish important goals like those related to clean energy, and expert letters focused on his skills rather than the national importance of his specific work.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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