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remanded EB-2 (NIW)

Scientist

Biotechnologies Research · 2024-09-13

Decision Date
2024-09-13
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 utilize genetic engineering tools to enhance the regenerative capabilities of cardiac progenitor cells (CSCs) to improve the treatment of cardiovascular diseases. Specifically, the research will focus on using CSCs to enhance their secretome using lipid nanoparticles to deliver transcription factor encoding mRNA.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director concluded this prong was not met due to conflation of merit and importance, and an overly restrictive view of private sector contributions, which the AAO found to be an insufficient analysis.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded this prong was not met, failing to clearly analyze the evidence against the enumerated factors and making statements inconsistent with the record, leading to an insufficient analysis by the AAO.

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

The Director concluded this prong was not met but did not discuss or analyze the evidence in relation to the specific factors for this prong, which the AAO deemed a deficiency requiring remand.

Why This Petition Was Remanded

The Director denied the petition, concluding the petitioner did not establish any of the three Dhanasar prongs. The AAO withdrew this decision and remanded the case because the Director's analysis was insufficient. The Director conflated substantial merit and national importance for Prong 1, failed to properly analyze factors for Prong 2, and did not discuss the enumerated factors for Prong 3 at all, leading to an unclear and unsupported decision.

Evidence

Evidence Types
Peer Reviewed Publications
Conference Presentations
Citations

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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: 2024-09-13.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 3

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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