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The appeal was dismissed because the Petitioner failed to offer a timely explanation or rebuttal to a properly issued NOIR. The AAO found that USCIS followed proper service regulations by mailing the notice to the last known address, and the Petitioner's claim of non-receipt did not overcome the presumption of regularity.

The petition was dismissed because the Petitioner failed to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field. Although he met three initial criteria (leading/critical role, high salary, judging), the evidence, including testimonial letters from colleagues and an economic impact analysis, did not sufficiently prove his contributions were of major significance or widely recognized beyond his immediate professional circle. The decision emphasized that internal company achievements, such as reducing safety incidents to zero and saving over $1 million USD per well, did not translate to national or international acclaim.

The appeal was dismissed because the Petitioner failed to meet at least three of the ten evidentiary criteria for extraordinary ability. Specifically, the Petitioner did not provide sufficient documentation for national awards (i), membership in associations requiring outstanding achievements (ii), original contributions of major significance (v), or performing in a leading/critical role for distinguished organizations (viii). The claim for high salary (ix) was not considered as it was raised for the first time on appeal after an RFE. The record did not demonstrate sustained national or international acclaim or that the Petitioner is at the very top of the field.

The Petitioner's salary of $180,165 was below the 90th percentile for engineering managers in the Texas oil and gas industry ($214,230). Evidence for original contributions, such as a book and readership analytics, either postdated the filing or lacked proof of major impact on the field. Additionally, the Petitioner failed to provide objective evidence that his former employers possessed distinguished reputations.