dismissed EB-2 NIW Case: Petroleum Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to meet the third prong of the national interest waiver test. While the beneficiary's work in flow assurance for oil recovery was deemed to have intrinsic merit and be national in scope, the petitioner did not establish that the beneficiary would serve the national interest to a substantially greater degree than a qualified U.S. worker. The petitioner's arguments regarding labor shortages were rejected, as the AAO determined that such claims should be addressed through the labor certification process.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.