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dismissed EB-2 (NIW)

Project Manager

Oil And Gas Industry · 2024-07-26

Decision Date
2024-07-26
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 serve as a project management lead within the U.S. oil and gas industry, coordinating team adherence to project schedules, creating status reports and training materials, overseeing maintenance, ensuring legal compliance, and transferring technical knowledge to help companies increase productivity and sustainability.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as the impact is limited to the Petitioner's employer rather than the field at large.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner has not worked in the field since 2013, which the Director found made him not well-positioned.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner failed to establish that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed primarily because the Petitioner failed to satisfy the national importance requirement of the first prong. The evidence did not show that his work would have broader implications for the industry or significant economic effects beyond his immediate employer. Additionally, his lack of employment since 2013 undermined his position to advance the endeavor.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Original Contributions

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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: 2024-07-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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