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remanded EB-2 (NIW) RFE Issued

Project Engineer

Architecture And Construction · 2024-09-11

Decision Date
2024-09-11
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 Beneficiary's proposed endeavor is to continue employment as a project engineer, engaging in architectural design and execution of complex infrastructure and construction projects. This work aims to advance U.S. public transportation modernization and expansion, and provide the U.S. population with access to safe mobility services and roadway networks, affordable housing, and healthcare facilities.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Partially Met

The Director initially found substantial merit but concluded the endeavor lacked national importance. However, the AAO agreed with the substantial merit finding but withdrew the Director's finding on national importance due to misrepresentations of the record and misidentification of the Beneficiary's field, thus no definitive finding on national importance was made by the AAO.

2 Individual is well-positioned to advance the proposed endeavor Not Met

The Director failed to make a determination on the second Dhanasar prong, rendering the decision incomplete and preventing meaningful appellate review.

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

The Director failed to make a determination on the third Dhanasar prong, rendering the decision incomplete and preventing meaningful appellate review.

Why This Petition Was Remanded

The Director's decision was withdrawn because it contained several misrepresentations, including referencing support letters not submitted, misidentifying the Beneficiary's field as 'engineer' instead of 'architecture and construction', and misgendering the Beneficiary. Additionally, the Director misidentified the Petitioner's RFE response as a statement of counsel and failed to consider it as evidence. The Director also failed to make a determination on the second and third Dhanasar prongs, making the decision incomplete and preventing meaningful appellate review.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, and the Petitioner submitted a response explaining why the proposed endeavor has national importance. However, the Director misidentified this response as a statement of counsel and failed to consider it as evidence, contributing to the flawed decision.

RFE Targets
Proposed endeavor has substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-09-11.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 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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