remanded EB-2 (NIW)
Chemist And Materials Scientist
Chemist And Materials Scientist ยท 2024-09-03
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.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
The Director concluded that the record did not establish that the proposed endeavor was of national importance.
2 Petitioner is well-positioned to advance the endeavor Not Met
The Director concluded that the record did not establish that the Petitioner is well positioned to advance the endeavor.
3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met
The Director concluded that the record did not establish that it would be beneficial to waive the requirements of a job offer.
Why This Petition Was Remanded
The Director denied the petition, concluding that the record did not establish that the proposed endeavor was of national importance, that the Petitioner is well positioned to advance the endeavor, or that it would be beneficial to waive the job offer requirements. The Petitioner then filed a combined motion to reopen and reconsider, which the Director subsequently dismissed. The AAO found the Director's decision contained errors, specifically conflating the requirements for a motion to reopen and a motion to reconsider, and provided an unclear explanation for dismissing a motion that was found to satisfy regulatory requirements for reopening. The AAO remanded the case for further review and clarification.
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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: 2024-09-03.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 0 / 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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