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remanded EB-2 (NIW)

Civil Engineer

Civil Engineering · 2025-04-04

Decision Date
2025-04-04
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 work as a civil engineer, with the record containing descriptions of research work for his current employer. The specific details of the endeavor were not fully articulated in the Director's decision, which the AAO noted as a deficiency requiring further clarification on remand.

Framework Evaluation

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

The Director found substantial merit but determined the endeavor lacked national importance; however, the AAO found this analysis insufficient and conclusory.

2 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the petitioner did not establish that waiving the job offer would be beneficial to the United States.

Why This Petition Was Remanded

The appeal was remanded because the Director's decision lacked sufficient analysis and discussion of the evidence, reaching only conclusory findings. The AAO noted the Director failed to explain why the endeavor lacked national importance and appeared to conflate the petitioner's current employment with the proposed endeavor.

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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: 2025-04-04.

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At 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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