remanded EB-2 (NIW)

Auditor

Accounting · 2024-12-03

Decision Date
2024-12-03
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 auditor in the field of accounting.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit but concluded the national importance aspect was unmet, lacking significant potential for U.S. job creation or substantial positive economic effects. The AAO remanded for a clearer explanation.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded this prong was unmet, citing insufficient detail in a letter of interest and lack of evidence showing others adopted her work. The AAO noted the Director overlooked expert opinions and support letters.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded this prong was unmet, stating the record did not demonstrate widespread benefits or job creation. The AAO found the Director did not discuss the evidence considered or specific claims.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the case because the Director failed to adequately explain the reasons for denying the national importance aspect of Prong 1, did not apply relevant factors to the evidence, and did not address a large portion of the submitted evidence, including expert opinions and letters of support, for Prongs 2 and 3. The Director also did not discuss the evidence considered for the balancing test of Prong 3.

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Independent

Similar Cases

Accountant

Financial Services

USCIS EB-2 (NIW) rfe dismissed
2024-08-27
The petitioner proposes to offer her vast experience to implement the most modern accounting strategies and techniques, evaluate financial operations, recommend best practices, identify problems and create strategies and solutions, help organizations run efficiently, provide guidance on reducing costs, increasing revenue, and maximizing profits, and provide risk analysis to drive exponential growth for U.S. organizations.

Accountant

Financial Services · Brazil

USCIS EB-2 (NIW) rfe dismissed
Massachusetts 2024-07-01
The petitioner proposes to work as an accountant in Massachusetts, providing services such as financial management, fiscal management, and forensic accounting. He intends to integrate AI into accounting services to address labor shortages and improve economic efficiency. Additionally, he plans to conduct field research to identify errors in financial reporting and align his work with United Nations Sustainable Development Goals.

Accountant

Financial Services

USCIS EB-2 (NIW) dismissed
2024-07-30
The Petitioner seeks to work as an accountant and auditor in the United States. The record does not provide specific details on a research area or methodology, focusing instead on her professional history in accounting services.

Accountant

Financial Services · India

USCIS EB-2 (NIW) dismissed
United States 2023-08-31
The petitioner proposes to start his own consulting firm in the United States to provide accounting, audit, tax, and advisory services specifically targeting self-employers, professionals, and small businesses.

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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-03.

Browse all cases

At a Glance

Outcome remanded
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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist