Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Petroleum Engineer

Oil And Gas Industry · 2024-09-19

Decision Date
2024-09-19
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 proposes to co-found an oil and gas industry consulting company headquartered in Texas. This company will provide strategic consulting to optimize and enhance operations in the oil and gas industry, focusing on efficiency, emissions reduction, and sustainability, and guiding clients on the integration of new technologies.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Not Met

The Petitioner failed to establish that the proposed endeavor has national importance, as the business plan indicated benefits were limited to clients and did not demonstrate broader implications for the U.S. economy or the field.

2 Individual is well-positioned to advance the proposed endeavor Not Met

The Director concluded that the record does not establish that the Petitioner satisfies the second Dhanasar prong, meaning the petitioner is not well-positioned to advance the proposed endeavor.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the record does not establish that the Petitioner satisfies the third Dhanasar prong, meaning that on balance, it would not benefit the U.S. to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. The Director found that the business-to-business transactions would only benefit clients and not broadly impact the U.S. economy or the field. The AAO noted that generalized information about the oil and gas industry or the petitioner's STEM background did not demonstrate the specific endeavor's national importance or broader implications. The Director also concluded that the second and third Dhanasar prongs were not satisfied.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the petitioner's qualification for EB-2 as an advanced degree professional and sought evidence to establish the national interest waiver prongs. The petitioner responded with a business plan and other documents, but these were deemed insufficient to demonstrate national importance.

RFE Targets
Proposed endeavor has both substantial merit and national importanceIndividual is well-positioned to advance the proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

Similar Cases

Petroleum Engineer

Petroleum

USCIS EB-2 (NIW) dismissed
2025-03-13
The petitioner proposes to continue their work as a fluids advisor, playing a crucial role in the U.S. energy sector by ensuring efficient extraction and management of oil and gas resources. This involves evaluating geological data, designing drilling operations, and optimizing production rates, while prioritizing safety and environmental considerations.

Petroleum Engineer

Petroleum

USCIS EB-2 (NIW) dismissed
2024-05-20
The petitioner proposes to work as a petroleum engineer expert focusing on cost-effective and environmentally sustainable approaches for hydrocarbon recovery. He intends to leverage digital technologies to reduce cycle times, risk, and carbon emissions while accelerating returns and productivity. Additionally, he plans to serve as a mentor and technical advisor to STEM students and engage in educational efforts through a charitable foundation.

Petroleum Engineer

Petroleum

USCIS EB-2 (NIW) dismissed
2024-03-14
The Petitioner proposes to work as a petroleum drilling engineer in the United States, specifically specializing in drilling with a further specialization in completions such as cementing and casing. The work involves the extraction of fuels within the oil and gas industry.

Engineer

Petroleum

USCIS EB-2 (NIW) remanded
2025-02-28
The petitioner proposes to continue working as an engineer in the United States, utilizing his expertise and knowledge to generate technological advances in the field of mechanical engineering within the oil and gas sector. The endeavor aims to have a significant potential impact on the broader engineering field.

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.

Browse More Cases

More dismissed cases More Petroleum cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-19.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist