dismissed EB-2 (NIW) RFE Issued

Senior Functional Engineer

Petroleum Engineering · 2024-11-04

Decision Date
2024-11-04
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 continue research on investigating and improving oil well stimulation to develop stimulant-based products to increase oil recovery from production wells and decrease wastewater production and pollution. This involves running experiments, publishing research in peer-reviewed journals and conferences, and disseminating findings through business channels. In the long term, he plans to start a company selling 'green products,' mainly carbon nanotube-based products, to help oil and gas companies produce more oil. His current employment as a senior functional engineer allows him to carry out this research and publish his work.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the Petitioner failed to establish its national importance, as the evidence did not demonstrate a national or global impact beyond specific employers or entities. The submitted letters did not sufficiently explain how the developed products would impact the field or matters of national/global importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence, including seven reference letters and various reports, did not sufficiently demonstrate a national or global impact beyond specific employers or entities. USCIS declined to evaluate the second and third prongs as the first was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to address deficiencies in the national interest waiver claim. The petitioner responded with additional letters and clarifications on his research and future plans, particularly concerning carbon nanotubes and his proposed company. The response was not successful in establishing national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Reference Letters Dependent
Government Alignment
Conference Presentations
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: 2024-11-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 7

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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