Date of Decision: APR. 10, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Oil and Gas
Petitioner Information
Profession: Oil and Gas Specialist
Field: Oil and Gas
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: The Petitioner provided evidence in the form of letters from current or former employers showing that he has at least ten years of full-time experience in the occupation for which he is being sought, satisfying 8 C.F.R. § 204.5(k)(3)(ii)(B).
Criterion 2: The Petitioner submitted a license to practice the profession or certification for a particular profession or occupation, meeting 8 C.F.R. § 204.5(k)(3)(ii)(C).
Criteria Not Met:
Criterion 1: The Petitioner did not provide an official academic record showing that he has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability as required by 8 C.F.R. § 204.5(k)(3)(ii)(A).
Criterion 2: The Petitioner did not submit evidence that he has commanded a salary, or other remuneration for services, which demonstrates exceptional ability per 8 C.F.R. § 204.5(k)(3)(ii)(D). The evidence provided did not establish that his salary was significantly above that ordinarily encountered in the field.
Criterion 3: The Petitioner failed to demonstrate membership in professional associations as defined by 8 C.F.R. § 204.5(k)(3)(ii)(E). The associations presented did not meet the regulatory definition of “professional associations.”
Criterion 4: The Petitioner did not provide evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations as required by 8 C.F.R. § 204.5(k)(3)(ii)(F).
Key Points from the Decision
Proposed Endeavor
The Petitioner seeks to work in oil and gas project management, petroleum quality control, equipment usage and maintenance, technical team leadership, ensuring safety protocols are carried out, and the safe and efficient extraction and processing of petroleum. However, the evidence provided did not sufficiently describe how this proposed endeavor would have a significant impact on a national level.
Substantial Merit and National Importance: While the oil and gas industry is critical, the Petitioner did not demonstrate that his specific proposed endeavor has substantial merit or national importance. The evidence focused on his general qualifications rather than the broader impact of his specific work.
Supporting Evidence: The evidence included training certificates, letters of recommendation from colleagues, and a business plan. However, these documents did not establish the national importance of his specific activities in the oil and gas industry.
Inconsistencies in Proposed Endeavor
The evidence presented did not adequately demonstrate that the Petitioner’s achievements and experience represent a degree of expertise significantly above that ordinarily encountered in the field of oil and gas. Additionally, the Petitioner did not provide sufficient details about the national impact of his proposed work.
Supporting Documentation
Letters of Intent: Not specified
Business Plan: The Petitioner submitted a business plan, but it did not provide sufficient evidence of national recognition or significant contributions.
Advisory Letter: Not specified
Any other supporting documentation: The Petitioner submitted various training certificates and letters from colleagues, but these did not sufficiently establish the national importance of his proposed work.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not establish eligibility for the EB-2 classification as an individual of exceptional ability. The evidence did not demonstrate that his proposed endeavor has national importance. Consequently, further analysis of the remaining criteria was unnecessary.
