Date of Decision: December 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Oil and Gas Industry
Petitioner Information
Profession: Oil and Gas Industry Consultant
Field: Electrical Engineering in the Oil and Gas Sector
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner demonstrated that his proposed endeavor in the oil and gas industry has substantial merit, but the national importance of his endeavor was not sufficiently established. His work involves providing high-level technical consultancy services to oil and gas companies to increase U.S. gas production.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide adequate evidence to show he was well-positioned to advance his proposed endeavor. Although he submitted documentation of his academic credentials and letters of support, these did not convincingly demonstrate his capacity to influence or advance the field of oil and gas consultation significantly.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to work in the oil and gas industry through direct employment, consultancy, research, and investigation. His goal was to help increase U.S. gas production and provide high-level technical consultancy services to oil and gas companies.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor in the oil and gas industry has merit, it was not established that his work would have broader implications beyond his employer and clients to meet the national importance criterion.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would benefit the United States by increasing gas production and providing high-level consultancy. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, academic credentials, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact his field. The letters from colleagues and professionals praised his work but did not provide concrete examples of his research being implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of oil and gas consultation.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, praising his work but not adequately demonstrating his significant impact in the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would benefit the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
Download the Full Petition Review Here
