How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the oil and gas industry affect EB-2 NIW petition outcomes?

The oil and gas sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW)

Petroleum Engineer Expert

Oil And Gas · 2024-05-20

Decision Date

2024-05-20

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 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.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his expertise and experience, a finding not overturned by the AAO.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks evidence of national importance as it does not show impact beyond the petitioner's specific employers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance requirement of the first Dhanasar prong. Although the petitioner holds an advanced degree and his work has substantial merit, he did not provide specific evidence showing how his 'digital solutions' would impact the industry beyond his immediate employers or clients. The AAO reserved judgment on prongs two and three as the failure of the first prong was dispositive.

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: 2024-05-20.

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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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Petroleum Engineer Expert

Proposed Endeavor

Framework Evaluation

Why This Petition Was Denied

Evidence

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