Energy: biofuel logistics and trading operations
The AAO dismissed the appeal because the petitioner had not shown that his proposed endeavor has national importance under the first Dhanasar prong.
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Summary
The petitioner, a biofuels engineer working as a trading operations manager, sought a waiver to pursue improvements in ethanol logistics and export infrastructure through his current job. SCOPS accepted the endeavor's substantial merit but not its national importance, and the AAO agreed. It found the career progression plan rested on general industry data, while the letters focused on his skills and contributions to his employer rather than on the endeavor's broader prospective impact. The appeal was dismissed, and the second and third prongs were reserved.
Findings
| Criterion / prong | AAO finding | From the decision |
|---|---|---|
| Prong 1: Substantial merit and national importance | Not met | the Petitioner has not shown that his proposed endeavor stands to sufficiently extend beyond his |
| Prong 2: Well positioned to advance the endeavor | Not reached | |
| Prong 3: Balance favors waiving the job offer | Not reached |
Why the AAO decided this way
- The AAO disagreed that SCOPS' decision was arbitrary or lacked analysis, finding it summarized the evidence and explained why it was insufficient, and found no indication SCOPS required widespread prominence.
- The AAO said SCOPS did not treat pursuing the endeavor through current employment as categorically disqualifying but had found, based on the evidence, that the potential benefits would likely be limited to the company; the AAO agreed the endeavor was not shown to extend beyond the employer and its partners.
- The petitioner's year-by-year career plan relied on general industry statistics and was not supported by evidence that his approach could broadly affect the ethanol industry.
- Recommendation and expert letters mainly praised his skills and value to his employer, which the AAO said relates more to the second prong, and claims of worker shortages or the importance of the profession do not establish national importance.
- Because the first prong was not met, the AAO reserved the second and third prongs.
Authorities cited
- Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010)
- Matter of Christo's, Inc., 26 I&N Dec. 537 (AAO 2015)
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- Flores v. Garland, 72 F.4th 85 (5th Cir. 2023)
- Matter of Caron Int'l, Inc., 19 I&N Dec. 791 (Comm'r 1988)
- INS v. Bagamasbad, 429 U.S. 24 (1976)
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