dismissed EB-2 (NIW)

Petroleum Drilling Engineer

Oil And Gas Industry · 2024-03-14

Decision Date
2024-03-14
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 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.

Framework Evaluation

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

The Petitioner was found to be well-positioned based on his expertise and background.

2 Substantial Merit and National Importance Not Met

The endeavor lacked evidence of broader implications rising to the level of national importance.

Why This Petition Was Denied

The motion was dismissed because the Petitioner failed to present new facts or establish an incorrect application of law. Specifically, the evidence regarding the oil and gas industry's importance did not demonstrate that the Petitioner's specific endeavor had national importance (Prong 1).

Evidence

Evidence Types
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: 2024-03-14.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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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