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remanded EB-2 (NIW) RFE Issued

Civil Engineer

Architectural Design, Construction, And Consulting Services · 2024-08-14

Decision Date
2024-08-14
Location
southeast region of Florida
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 create a company specializing in architectural design, construction, and consulting services for renovations and new residential and commercial real estate ventures. The company aims to address the housing crisis in the United States by providing high-quality housing options to increase the availability of residential units.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The Director found, and the AAO agreed, that the petitioner is well-positioned to advance his proposed endeavor.

2 Proposed endeavor has substantial merit and national importance Not Met

The Director found this prong unmet, but the AAO determined this finding was based on factual errors and remanded the case for reassessment.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director found this prong unmet, but the AAO determined this finding was based on factual errors and remanded the case for reassessment.

Why This Petition Was Remanded

The Director's decision to deny the national interest waiver was withdrawn and remanded due to numerous factual errors. The Director incorrectly stated the petitioner intended to work in the mining/mineral sector and referenced evidence not in the record, such as an invitation from the Brazil-Texas Chamber of Commerce and letters from specific individuals. These errors deprived the petitioner of a fair opportunity to contest the decision and inhibited meaningful appellate review.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director referenced letters from L-O-N-W2 and R-D-J- that were stated to be submitted in response to an RFE, but the AAO found no such evidence in the record. Instead, the record contained letters from W-V-, E-A-, and E-T- submitted in response to the RFE.

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-08-14.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

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