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remanded EB-2 (NIW) RFE Issued

Aircraft Mechanic

Aircraft Mechanics · 2023-09-21

Decision Date
2023-09-21
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 in the United States as an aircraft mechanic for a U.S. employer. The work involves the maintenance and repair of aircraft to ensure safety and operational standards within the aviation field.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director originally found this prong met, though the AAO requested a more articulated analysis on remand.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit, but the Director's finding of no national importance was withdrawn due to insufficient explanation.

3 On Balance, Benefit to the U.S. Not Met

The Director found this prong was not satisfied, but failed to meaningfully address the petitioner's specific claims.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to evaluate the Petitioner's claim of exceptional ability and did not provide a sufficient legal or factual explanation for the findings on the Dhanasar prongs. Specifically, the Director did not meaningfully address the expert opinions and professional plans submitted regarding national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor; the petitioner responded with expert opinions and professional plans.

RFE Targets
Substantial Merit and National Importance

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: 2023-09-21.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 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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