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remanded EB-2 (NIW) RFE Issued

Biotechnologist Researcher

Biotechnologist Researcher · 2024-07-30

Decision Date
2024-07-30
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 advance STEM research by examining the role of the cell cycle in neural progenitor cells and investigating neurodevelopmental disorders. This includes characterizing the transcriptomic landscape of neural progenitor fate determination and developing analysis tools for integrating information across high-throughput technologies.

Framework Evaluation

0 of 3 criteria met

Why This Petition Was Remanded

The appeal was remanded because the Director's initial decision was inconsistent regarding whether the petitioner qualified via an advanced degree or exceptional ability. The AAO noted the petitioner earned a bachelor's degree in 2021 (less than 5 years before filing), and there was insufficient evidence to confirm if their membership in the Society of Neuroscience or their 74 citations constituted exceptional ability or satisfied the Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed both the underlying EB-2 classification and the three prongs of the Dhanasar framework. The petitioner responded with evidence of their degree, research assignments, and recommendation letters.

RFE Targets
prong 1prong 2prong 3

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
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: 2024-07-30.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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