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remanded EB-2 (NIW) RFE Issued

Licensed Airline Transport Pilot

Aviation · 2024-05-24

Decision Date
2024-05-24
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, a licensed airline transport pilot, proposes to work in the aviation field. The endeavor aims to impact federal government initiatives, advance a critical emerging area of STEM, and have national implications for the broader aviation industry to enhance societal welfare.

Framework Evaluation

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

The Director determined that the Petitioner is well-positioned to advance the proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The Director found substantial merit but concluded the endeavor lacked national importance; the AAO withdrew this due to insufficient analysis.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director reached a conclusory determination that the waiver would not be beneficial, which the AAO found deficient.

Why This Petition Was Remanded

The appeal was remanded because the Director's decision contained factual errors, mischaracterized the Petitioner's profession as IT consulting, and lacked sufficient analysis of the evidence. The AAO noted the Director failed to properly evaluate the Petitioner's claims under the Dhanasar framework, specifically regarding national importance and the third prong balancing test.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence on the national importance of the endeavor and the balancing test; the Petitioner responded with arguments regarding STEM and federal initiatives.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
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: 2024-05-24.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 2 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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