Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Chaplain

Chaplaincy / Spiritual Care · 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 proposes to serve as a chaplain providing a holistic approach to health through spiritual care and the promotion of healthy lifestyles. He intends to partner with healthcare systems and the U.S. military to provide these spiritual caregiving services.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director found this unmet by focusing only on economic impact, which the AAO noted was a legal error.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded professional activities did not reflect sufficient interest, but failed to analyze the petitioner's specific evidence.

3 Waiver Benefit to the US Not Met

The Director stated a waiver would not be beneficial without discussing the documentary evidence in the record.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to provide a written explanation of the specific reasons for denial or a final merits determination regarding the petitioner's exceptional ability. The Director also incorrectly identified the petitioner's profession as an 'Airline Pilot' in the decision and failed to address evidence regarding support from a philanthropic foundation and correspondence with a U.S. Army recruiter.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualification for EB-2 and all three Dhanasar prongs; the petitioner responded with evidence of education, experience, and professional recognition.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver Benefit to the US

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Conference Presentations
Awards
Government Alignment

Similar Cases

Pastor

Government

USCIS EB-2 (NIW) rfe dismissed
United States 2024-12-19
The Petitioner's proposed endeavor is to serve as a military chaplain in the U.S. Armed Forces, providing religious services, advising commanders on religious terrain for military operations, and acting as a liaison between local religious communities and U.S. military forces. She aims to care for the spiritual well-being of soldiers and help them meet challenges.

Pastor

Others · Ukraine

USCIS EB-2 (NIW) rfe dismissed
Connecticut 2023-07-06
The petitioner proposes to serve as a priest for the Ukrainian Orthodox Church of the USA in Connecticut. The endeavor involves providing ongoing spiritual care, emotional support, and religious services to the church community, including potential support for war refugees and wounded soldiers.

Pastor

Others · Uzbekistan

USCIS EB-2 (NIW) dismissed
Pennsylvania 2024-03-18
The petitioner proposes to work as a religious education director and pastor to start a musical church in Pennsylvania. The endeavor includes establishing a food bank, organizing food drives, and creating a faith-based recovery center to help women recover from abuse and addiction.

Others

Unknown Industry

USCIS EB-2 (NIW) dismissed
2025-02-03
The petitioner's proposed endeavor involves pursuing a career with the military, specifically in an Information role, with a clear path to the Officer Route. He claims his expertise has benefited various organizations and his work has been used by others without proper credit.

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.

Browse More Cases

More remanded cases More Others cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-24.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist