Date of Decision: December 3, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Geosteering Research and Development
Petitioner Information
Profession: Geosteering Solutions Products Manager
Field: Geosteering Research and Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Advanced Degree Professional: The Petitioner qualifies as a member of the professions holding an advanced degree, having obtained a Master of Science degree in geology.
Substantial Merit and National Importance: The Petitioner demonstrated that his proposed endeavor in improving well-placement and formation-evaluation technologies has substantial merit and national importance.
Criteria Not Met:
None. The Petitioner met all the criteria required for the EB-2 NIW classification under the Dhanasar framework.
Key Points from the Decision
Proposed Endeavor:
The Petitioner intends to continue his research and development work aimed at improving well-placement and formation-evaluation technologies in the oil and gas industry. This includes inventing new workflows and products for the geosteering process, making geosteering activity fully automatic with real-time responsiveness and minimal or no human intervention.
Substantial Merit and National Importance:
The Petitioner’s proposed work in geosteering has substantial merit due to its potential to significantly improve exploration and production efficiency, ease drilling challenges, and enhance hydrocarbon production. Letters of support from industry experts highlighted the benefits of the Petitioner’s innovations, which help access bypassed reserves and maximize borehole contact in productive zones, leading to increased oil or gas production. The broad implications for the field and dissemination of results through conferences further underscore the national importance of the endeavor.
Supporting Evidence:
Initial Submission: Included the Form I-140 petition, academic records, curriculum vitae, and letters of support from colleagues.
Further Submission on Appeal: Provided additional letters from industry experts, patent documentation, and evidence of the implementation and success of his innovations in the oil and gas industry.
Inconsistencies in Proposed Endeavor:
There were no inconsistencies noted in the proposed endeavor. The Petitioner provided comprehensive evidence of his qualifications, the merit and importance of his work, and his successful track record in the field.
Supporting Documentation
Letters of Intent:
Included letters from colleagues and industry experts describing the benefits of the Petitioner’s work and its impact on the oil and gas industry.
Business Plan:
Not applicable in this case.
Advisory Letter:
Letters from senior geological advisors and professors supporting the significance of the Petitioner’s research and development work.
Any other supporting documentation:
Patent Documentation: Provided evidence of the Petitioner’s inventions and their implementation in the industry.
Funding Evidence: Documented significant funding allocated for the Petitioner’s research and development projects, highlighting the industry’s investment in his work.
Conclusion
Final Determination: The appeal is sustained.
Reasoning:
The Petitioner met the three prongs set forth in the Dhanasar framework. He demonstrated the substantial merit and national importance of his proposed endeavor in geosteering research and development. He also proved that he is well positioned to advance his proposed endeavor, with a strong track record of successful innovations and significant industry support. Finally, the Petitioner showed that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification, given the value of his contributions to the oil and gas industry. As a result, the appeal was sustained, and the Petitioner was granted the national interest waiver.
