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remanded EB-2 (NIW) RFE Issued

Accounting Professional

Accounting Professional · 2024-04-10

Decision Date
2024-04-10
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 an accounting professional in the United States. The endeavor involves a professional plan supported by expert opinion letters and recommendation letters aimed at providing accounting services, though specific technical methodologies or niche research areas were not detailed in the appellate summary.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director concluded the endeavor lacked merit and importance without analyzing the submitted professional plan or expert letters.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded the Petitioner was not well-positioned but failed to analyze academic qualifications and professional achievements.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the Petitioner's statement insufficient and failed to perform the required balancing analysis of factors.

Why This Petition Was Remanded

The AAO withdrew the denial and remanded the case because the Director failed to provide a qualitative 'final merits determination' for exceptional ability and did not adequately explain why the evidence failed the Dhanasar prongs. The Petitioner had satisfied 5 out of 6 criteria for exceptional ability, but the Director's analysis of the national interest waiver was found to be conclusory and lacking in de novo review of the submitted expert letters and professional plan.

Request for Evidence (RFE)

Successfully Addressed

The RFE addressed the threshold EB-2 classification. The Petitioner responded with evidence satisfying five of the six regulatory criteria for exceptional ability.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-04-10.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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