NIW获批案例分享：石油工程领域杰出人才
微信:hkmydym 来源:www.niw.cc 作者:www.niw.cc
Pursuant to 8 CFR §204.5(k)(2), Mr. Xie is an advanced degree professional by virtue of his Bachelor of Science degree (US equivalent) in Petroleum Engineering from Southwest Petroleum University in China followed by at least five years of progressive post-baccalaureate experience in the specialty.
I. MR. XIE QUALIFIES FOR A NATIONAL INTEREST WAIVER
In the course of his work, Mr. Xie has acquired a formidable repertoire of knowledge and skills based on his accomplishments in the field of Petroleum Engineering. Further details of his accomplishments and achievements in the field which evidence that he is well positioned to advance the proposed endeavor are provided below.
A. Mr. Xie’s Proposed Endeavor has both Substantial Merit and National Importance.
Under Matter of Dhanasar, a petitioner seeking a national interest waiver must demonstrate that his or her proposed endeavor has substantial merit and national importance. See Dhanasar at 889. The petitioner may demonstrate the endeavor’s merit in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Id. The national interest waiver test under Dhanasar also shifts the focus of the benefits to be conferred from national in scope to national importance. Id at 890. Dhanasar also provided that “endeavors related to design, pure science, and the furtherance of human knowledge may qualify” as endeavors with substantial merit. Dhanasar, 26 I. & N. Dec. at 889. Thus, USCIS may broadly consider a foreign national’s potential prospective impact based on its national implications within a particular field rather than focusing solely on geographic terms. Id. Even ventures and undertakings that focus on one geographic area may be considered to have national importance. Additionally, an endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects may have national importance. Id.
According to the USCIS Policy Manual, “proposed endeavors that aim to advance STEM technologies and design…have substantial merit in relation to U.S. science and technology interests.” Moreover, “USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.” (See USCIS Policy Manual, Chapter 5) Critical and emerging technology fields may be identified through “governmental, academic, and other authoritative and instructive sources, and all other evidence submitted by the petitioner.” Id. Authoritative lists identifying these critical and emerging fields include those published by the “Executive Office of the President, by either the National Science and Technology Council or the National Security Council.” Id. Thus, a petitioner engaged in a critical and emerging technology field may be deemed to have a nationally important proposed endeavor.
An endeavor may also be nationally important because “an endeavor will help the United States to remain ahead of strategic competitors or current and potential adversaries, or relates to a field, including those that are design and development-intensive industries, where appropriate activity and investment, both early and later in the development cycle, may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners.” Thus, a proposed endeavor may be nationally important if it will help the United States achieve or maintain technology leadership.
As Petroleum Engineering is listed in the DHS STEM Designated Degree Program List, Mr. Xie clearly has an advanced degree in a STEM field based on his bachelor of science degree in petroleum engineering and more than five years of experience in the field.
Furthermore, Mr. Xie intends to continue his work in the United States in the field of Petroleum Engineering. His endeavors in this regard are of both substantial merit and national importance, as described below:
1. Mr. Xie’s proposed endeavor is of substantial merit: Mr. Xie’s efforts in Petroleum Engineering involve conducting research in petroleum engineering as well as developing improved technology and implementing new technology, such as smart oilfields and intelligent decision-making platforms for oil and gas drilling, in natural gas and oil exploration and exploitation. As a result, such work is clearly of substantial merit.
2. Mr. Xie’s proposed endeavor is of national importance: Mr. Xie’s research has significant national and international implications and prospective impact for the field of Petroleum Engineering. In particular, according to data from Zippia Research, the U.S. consumes 17.178 million barrels of oil per day; this makes the U.S. the leading country as far as oil consumption goes. Road transportation accounts for 48.6% of oil consumption. The U.S. gas and oil industry earned $110.7 billion in revenue in 2020. There are 67,901 oil drilling, and gas extraction businesses in the U.S., and 218,966 Americans work in the U.S. oil drilling and gas extraction industry. The U.S. oil and gas industry, as a whole supports 10.3 million jobs; the market size of the U.S. oil drilling and gas extraction industry is $463.8 billion.
Thus, the technological, commercial, economic, and scientific concerns for which Mr. Xie’s work addresses and will address in the future have broad implications and benefits for the field of Petroleum Engineering and the United States. His published contributions have already impacted the work of others in his field in different parts of the country and world. Through his sustained activities, these benefits will continue to resonate throughout his field and the United States. Therefore, Mr. Xie’s proposed endeavor is of national importance.
I. MR. XIE QUALIFIES FOR A NATIONAL INTEREST WAIVER
In the course of his work, Mr. Xie has acquired a formidable repertoire of knowledge and skills based on his accomplishments in the field of Petroleum Engineering. Further details of his accomplishments and achievements in the field which evidence that he is well positioned to advance the proposed endeavor are provided below.
A. Mr. Xie’s Proposed Endeavor has both Substantial Merit and National Importance.
Under Matter of Dhanasar, a petitioner seeking a national interest waiver must demonstrate that his or her proposed endeavor has substantial merit and national importance. See Dhanasar at 889. The petitioner may demonstrate the endeavor’s merit in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Id. The national interest waiver test under Dhanasar also shifts the focus of the benefits to be conferred from national in scope to national importance. Id at 890. Dhanasar also provided that “endeavors related to design, pure science, and the furtherance of human knowledge may qualify” as endeavors with substantial merit. Dhanasar, 26 I. & N. Dec. at 889. Thus, USCIS may broadly consider a foreign national’s potential prospective impact based on its national implications within a particular field rather than focusing solely on geographic terms. Id. Even ventures and undertakings that focus on one geographic area may be considered to have national importance. Additionally, an endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects may have national importance. Id.
According to the USCIS Policy Manual, “proposed endeavors that aim to advance STEM technologies and design…have substantial merit in relation to U.S. science and technology interests.” Moreover, “USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.” (See USCIS Policy Manual, Chapter 5) Critical and emerging technology fields may be identified through “governmental, academic, and other authoritative and instructive sources, and all other evidence submitted by the petitioner.” Id. Authoritative lists identifying these critical and emerging fields include those published by the “Executive Office of the President, by either the National Science and Technology Council or the National Security Council.” Id. Thus, a petitioner engaged in a critical and emerging technology field may be deemed to have a nationally important proposed endeavor.
An endeavor may also be nationally important because “an endeavor will help the United States to remain ahead of strategic competitors or current and potential adversaries, or relates to a field, including those that are design and development-intensive industries, where appropriate activity and investment, both early and later in the development cycle, may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners.” Thus, a proposed endeavor may be nationally important if it will help the United States achieve or maintain technology leadership.
As Petroleum Engineering is listed in the DHS STEM Designated Degree Program List, Mr. Xie clearly has an advanced degree in a STEM field based on his bachelor of science degree in petroleum engineering and more than five years of experience in the field.
Furthermore, Mr. Xie intends to continue his work in the United States in the field of Petroleum Engineering. His endeavors in this regard are of both substantial merit and national importance, as described below:
1. Mr. Xie’s proposed endeavor is of substantial merit: Mr. Xie’s efforts in Petroleum Engineering involve conducting research in petroleum engineering as well as developing improved technology and implementing new technology, such as smart oilfields and intelligent decision-making platforms for oil and gas drilling, in natural gas and oil exploration and exploitation. As a result, such work is clearly of substantial merit.
2. Mr. Xie’s proposed endeavor is of national importance: Mr. Xie’s research has significant national and international implications and prospective impact for the field of Petroleum Engineering. In particular, according to data from Zippia Research, the U.S. consumes 17.178 million barrels of oil per day; this makes the U.S. the leading country as far as oil consumption goes. Road transportation accounts for 48.6% of oil consumption. The U.S. gas and oil industry earned $110.7 billion in revenue in 2020. There are 67,901 oil drilling, and gas extraction businesses in the U.S., and 218,966 Americans work in the U.S. oil drilling and gas extraction industry. The U.S. oil and gas industry, as a whole supports 10.3 million jobs; the market size of the U.S. oil drilling and gas extraction industry is $463.8 billion.
Thus, the technological, commercial, economic, and scientific concerns for which Mr. Xie’s work addresses and will address in the future have broad implications and benefits for the field of Petroleum Engineering and the United States. His published contributions have already impacted the work of others in his field in different parts of the country and world. Through his sustained activities, these benefits will continue to resonate throughout his field and the United States. Therefore, Mr. Xie’s proposed endeavor is of national importance.
知识库