Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Oil And Gas (2023): did not establish eligibility for the underlying EB-2

๐Ÿ“… 2023-04-10 ๐Ÿ‘ค Individual ๐Ÿ“‚ Oil And Gas

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Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The AAO determined the petitioner did not meet the minimum three required criteria, finding his vocational degree in information technology was unrelated to the oil and gas field and his salary evidence was insufficient to demonstrate exceptional ability compared to others in the field.

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Criteria Discussed

8 C.F.R. ยง 204.5(K)(3)(Ii)(A) - Academic Record 8 C.F.R. ยง 204.5(K)(3)(Ii)(B) - Ten Years Of Experience 8 C.F.R. ยง 204.5(K)(3)(Ii)(C) - License Or Certification 8 C.F.R. ยง 204.5(K)(3)(Ii)(D) - High Salary 8 C.F.R. ยง 204.5(K)(3)(Ii)(E) - Membership In Professional Associations 8 C.F.R. ยง 204.5(K)(3)(Ii)(F) - Recognition For Achievements
๐Ÿ“„ Original decision (USCIS PDF)

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