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remanded EB-2 (NIW)

Agronomy Researcher / Research Specialist

Agronomy / Agriculture · 2024-04-24

Decision Date
2024-04-24
Location
Texas
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 conduct agronomy research focusing on sustainable agriculture, crop growth amid climate change, and indoor vegetable production. His work includes investigating fabric coverings for Egyptian spinach and using metallic-based nanoparticles to enhance the nutritional value of leafy green vegetables.

Framework Evaluation

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

Director acknowledged merit but denied national importance; AAO remanded for deeper analysis of food security impacts.

2 Well-positioned to Advance Endeavor Not Met

Director found petitioner not well-positioned; AAO noted failure to consider his PhD and USDA research affiliation.

3 Balance of Interests Not Met

Director denied the waiver; AAO remanded to evaluate under STEM-specific favorable factors.

Why This Petition Was Remanded

The AAO withdrew the denial because the Director applied the wrong legal standard ('reasonable inference' instead of 'substantial and probative evidence') regarding a prior marriage fraud allegation under Section 204(c). Additionally, the Director failed to properly analyze the Dhanasar prongs in light of USCIS policy regarding advanced STEM degree holders and USDA-funded research.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Grants
Government Alignment

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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: 2024-04-24.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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