remanded EB-2 (NIW) RFE Issued

Public Accountant

Accounting · Nigeria · 2024-10-23

Decision Date
2024-10-23
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to work as a public accountant for businesses and other clients. This endeavor involves leveraging artificial intelligence and machine learning tools to automate mundane tasks, optimize investment decisions, increase innovation, streamline business operations, minimize risks, and enhance fraud detection.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Partially Met

USCIS agreed the endeavor has substantial merit but found the record did not sufficiently establish its national importance, as merely working in an important field or using advanced tools is not enough.

Why This Petition Was Remanded

The Director's decision was withdrawn and the matter remanded due to conflicting evidence regarding EB-2 classification. The petitioner provided a bachelor's degree in accounting from a Nigerian university but lacked evidence of its U.S. equivalency and insufficient documentation for five years of progressive, post-baccalaureate experience. While the proposed endeavor had substantial merit, its national importance was not established, as merely working in an important field (accounting) or using advanced tools (AI/ML) was deemed insufficient without specific, probative details of national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE concluded the petitioner established EB-2 eligibility, but the AAO found this conflicted with the record, noting a lack of evidence for foreign degree equivalency and insufficient documentation for five years of progressive, post-baccalaureate experience. The petitioner's response was not deemed successful by the AAO.

Evidence

Evidence Types
Original Contributions
Professional Memberships

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Frequently Asked Questions

A remanded EB-2 NIW petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-23.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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