dismissed EB-2 NIW Case: Oil And Gas Finance

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : AUG . 22, 2023 In Re: 28083606 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner works as a financial controller of global oil and gas companies. He requests his 
classification under the employment-based, second-preference (EB-2) immigrant visa category as a 
member of the professions holding an advanced degree and a waiver of the category's job-offer 
requirement. See Immigration and Nationality Act (the Act) section 202(b)(2)(B)(i), 8 U.S.C. 
§ 1153(b )(2)(B)(i) . U.S. Citizenship and Immigration Services (USCIS) has discretion to excuse a job 
offer - and thus the related requirement for certification from the U.S. Department of Labor (DOL) -
if a petitioner demonstrates that a waiver would be "in the national interest." Id. 
The Director of the Texas Service Center denied the petition. The Director found the Petitioner 
qualified for the requested immigrant visa category as an advanced degree professional. But the 
Director concluded that the Petitioner did not demonstrate the "national importance" of his proposed 
endeavor or the benefit of waiving U.S .-worker protections to the country . On appeal, the Petitioner 
contends that the Director overlooked evidence and misapplied law and USCIS policy. 
The Petitioner bears the burden of demonstrating eligibility for the requested benefit by a 
preponderance of the evidence. Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). 
Exercising de novo appellate review , see Matter of Christa 's, Inc. , 26 I&N Dec . 537, 537 n.2 (AAO 
2015), we conclude that he has not sufficiently established that his proposed U.S. work has national 
importance. We will therefore dismiss the appeal. 
I. LAW 
To establish eligibility for a national interest waiver, petlt10ners must first demonstrate their 
qualifications for the requested EB-2 immigrant visa category, either as advanced degree professionals 
or noncitizens of "exceptional ability" in the sciences, arts, or business. Section 203(b )(2)(A) of the 
Act. To protect the jobs of U.S. workers, this category generally requires prospective employers to 
seek noncitizens' services and obtain DOL certifications to permanently employ them in the country . 
Section 212(a)(5)(D) of the Act, 8 U.S.C. § 1182(a)(5)(D). To avoid these job offer/labor certification 
requirements, petitioners must demonstrate that waivers of the U.S .-worker protections are in the 
national interest. Section 203(b )(2)(B)(i) of the Act; see also Flores v. Garland, 72 F.4th 85, 89-90 
(5th Cir. 2023) (holding that USCIS decides a national interest waiver request as a matter of 
discretion). 
Neither the Act nor regulations define the term "national interest." So, we have established a 
framework for adjudicating these waiver requests. See Matter of Dhanasar, 26 I&N Dec. 884, 889 
(AAO 2016). If otherwise qualified as advanced degree professionals or noncitizens of exceptional 
ability, petitioners may merit waivers of the job-offer/labor certification requirements if they establish 
that: 
• Their proposed U.S. work has "substantial merit" and "national importance;" 
• They are "well positioned" to advance their intended endeavors; and 
• On balance, waivers of the job-offer/labor certification requirements would benefit the United 
States. 
Id. 
II. ANALYSIS 
The Petitioner, an Egyptian native and citizen, has about 20 years of financial experience in the global 
oil and gas industry and has worked in several countries, including: Egypt; Sudan; Syria; Iraq; and 
the United States. He gained about 1 7 years of experience with a company that provides oilfield 
services to many of the largest multinational oil and gas exploration and production firms in the world. 
While this petition was pending, the Petitioner changed employers. Since May 2022, he has worked 
as a corporate controller in the United States for a Canadian-based oil and gas exploration company. 1 
The Petitioner stated that his work has included developing and implementing financial management 
strategies to maximize revenues and other business investment opportunities. In his current position, 
he manages a $300 million budget for the operation of two offshore oil exploration wells in Guyana. 
He said he plans to "leverage my professional relationships abroad" to encourage foreign investment 
in the U.S. energy sector. The Petitioner states that oil and gas companies urgently need financial 
controls because of increased volatility over the past few years in the global energy market. 
A. Advanced Degree Professional 
The Petitioner submitted evidence that his Egyptian bachelor of commerce degree equates to a U.S. 
bachelor's degree in accounting. The record also contains letters confirming his possession of more 
than five years of progressive, post-baccalaureate experience in the field. We therefore agree with the 
Director that the Petitioner qualifies for the requested immigrant visa category as an advanced degree 
professional. See 8 C.F.R. § 204.5(k)(2) (defining the term "advanced degree" to include a bachelor's 
degree followed by at least five years of progressive experience in the specialty). 
1 As previously indicated, the Petitioner seeks to waive the immigrant visa category's job-offer requirement. See section 
203(b )(2)(B)(i) of the Act. Thus, although he has a job offer, the petition's approval does not depend on it. 
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B. Substantial Merit 
We also agree with the Director that the Petitioner's proposed endeavor has substantial merit. 
Evidence of an undertaking's merit may include proof that the endeavor may have a potentially 
significant favorable economic impact. Matter ofDhanasar, 26 I&N Dec. at 889. But "endeavors 
related to research, pure science, and the furtherance of human knowledge may qualify, whether or 
not the potential accomplishments in those fields are likely to translate into economic benefits for the 
United States." Id. 
The record shows that the Petitioner's work as a financial controller in the oil and gas industry could 
generate substantial economic benefits for the United States. Also, by supporting development of 
additional oil and gas resources, his work could help the country achieve its energy security goals. 
See, e.g., U.S. Dep't of Energy (DOE), "DOE Launches Foundation for Energy Security and 
Innovation," Feb. 9, 2023, www.energy.gov/articles/doe-launches-foundation-energy-security-and­
innovation. The Petitioner therefore has demonstrated that his proposed endeavor has substantial 
merit. 
C. National Importance 
In determining whether an undertaking has national importance, USCIS focuses on a petitioner's 
proposed endeavor. Matter ofDhanasar, 26 I&N Dec. at 889. Specifically, the Agency considers an 
endeavor's "potential prospective impact." Id. "An undertaking may have national importance for 
example, because it has national or even global implications within a particular field, such as those 
resulting from certain improved manufacturing processes or medical advances." Id. A nationally 
important endeavor may also have significant potential to employ U.S. workers or provide other 
positive economic benefits, particularly in an economically depressed area. Id. at 890. 
The Director found insufficient evidence that the Petitioner's endeavor would substantially affect the 
oil and gas industry beyond his employer and its clients. The Director found that he did not show that 
his undertaking has significant potential to employ U.S. workers or provide other positive economic 
benefits to the country. The Director acknowledged the Petitioner's submission of several 
recommendation letters on his behalf. But the Director found them to contain conclusory statements, 
unsupported by documentary evidence. 
On appeal, the Petitioner contends that the recommendation letters demonstrate the broad impact his 
work has on the global oil and gas industry. The letters - mostly from executives of his former 
employer - state his achievements at that company, including: 
• Leading a finance team in implementing an Enterprise Resource Planning (ERP) software 
system by developing key reports, and identifying and controlling key systems risks; 
• Eliminating a business segment's negative inventory of $111 million; 
• Overseeing a business segment's 11 % increase ($78 million) in revenues and $20 million 
reduction in cash in net working capital; 
• Preparing the financial portion of a successful offer to provide $80 to $100 million in oilfield 
services in Guyana; 
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• Managing financial aspects of a 2020 divesture in underperforming business units, increasing 
profits by 5% ($6 million to $8 million); 
• Increasing projected 2020 profits by $20 million by managing inventory write-offs and 
negotiating price increases with clients; and 
• Despite terrorist organizations' control over significant parts oflraq and Syria, increasing the 
company's revenues in those countries from 2012 to 2013 by 300% to $100 million. 
The letters state that the Petitioner's achievements had global implications in the industry because his 
employer's clients included many of the largest oil and gas exploration and production companies in 
the world. By reducing his employer's costs, he purportedly reduced its clients' costs of finding and 
producing oil and gas worldwide. 
As the Director found, however, the record lacks corroborating evidence that the money the Petitioner 
saved his employer reduced its clients' costs. Also, the record identifies his new employer as an oil 
and gas exploration company, not an oilfield services firm like his former employer with many 
multinational customers. Thus, the record does not indicate that his financial control work for his new 
employer will affect the oil and gas industry as broadly as his activities with his former employer. 
Also, the record indicates the Petitioner's management of a $1.2 billion budget with his former 
employer but only a $300 million budget with the new company. Thus, the Petitioner has not shown 
that he will save his new employer as much money as he saved his former one, also potentially 
reducing his work's impact on the industry. 
Further, the Petitioner contends that his employer will use the money he saves it to create U.S. jobs 
and invest in energy research and development. But the record lacks sufficient evidence that his 
former or new employer used, or would likely use, money he saves them to create U.S. jobs or increase 
research and development fonding. For example, the 2022 annual report of the Petitioner's former 
employer states that its revenues increased 23% that year but that the company used the additional 
monies to increase its dividend, resume its share buyback program, and reduce its debt. U.S. Sec. & 
Exchange Comm'n, "I !Company Filings," www.sec.go~ kompanysearch. 2 
The 2022 audited financial statements of his new employer indicate that the company has a history of 
annual losses, generates no revenues, and has a working capital deficit of $2.6 million and an 
accumulated deficit of more than $320 million. See Toronto Stock Exchange, "Listed Company 
Directory," www.tsx.com/listings/listing-with-us/listed-company-directory. As a result, the auditor 
stated that the company's continuing operations depend on its ability to secure additional financing 
and that "a material uncertainty exists that may cast significant doubt on the Company's ability to 
continue as a going concern." Id. Thus, the record does not demonstrate that the Petitioner's former 
or new employer used, or will likely use, money that he saves them to create U.S. jobs or increase 
2 Recent news aiticles indicate that several large oil and gas companies used record 2022 profits to reward their 
shareholders by increasing dividends and buying back stock shares. See Clifford Krauss, "What Exxon and Chevron Are 
Doing With Those Big Profits," N.Y. Times (Feb. 1, 2023), https://www.nytimes.com/2023/02/0l/business/energy­
environment/exxon-chevron-oil-gas-profit.html#:-:text=Tnstead%2C%20executives%20said%20they%20were,billion 
%20repurchase%20plan%20in%20December; see also Reuters, "Factbox: Bumper profits fuel surge in dividends, 
buybacks at oil firms," (Jan. 31, 2023), https://www.reuters.com/ business/energy/bumper-profits-fuel-surge-dividends­
buybacks-oil-firms-2023-01-31 /#:-:text= Jan%203 l %20(Reuters )%20%2D%20Energy,higher%20dividends%20and% 
20share% 20buybacks. 
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research and development funding. The Petitioner therefore has not sufficiently established that his 
proposed endeavor has national importance. 
Our decision regarding the national importance of the Petitioner's proposed work resolves this appeal. 
We therefore decline to reach and hereby reserve his appellate arguments regarding his qualifications 
for advancing his proposed endeavor and whether waiving U.S.-worker protections would benefit the 
United States. 3 See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (stating that agencies are not required 
to make "purely advisory findings" on issues unnecessary to their ultimate decisions); see also Matter 
ofL-A-C-, 26 I&N Dec. 516, 526 n. 7 (BIA 2015) ( declining to reach alternate issues on appeal where 
an applicant did not otherwise qualify for relief). 
III. CONCLUSION 
The Petitioner has not demonstrated that his proposed endeavor has national importance. We will 
therefore affirm the petition's denial. 
ORDER: The appeal is dismissed. 
3 The Director did not find whether the Petitioner is well-positioned to advance his endeavor. 
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