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remanded EB-2 (NIW)

Postdoctoral Research Fellow

Colorectal Cancer Research · 2024-01-11

Decision Date
2024-01-11
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 continue research focused on investigating the phenotypical and genetic factors involved in hereditary colorectal cancer. She aims to use expertise in colorectal screening and next-generation sequencing to improve screening methods and develop novel biomarkers.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

Found to have substantial merit regarding colorectal cancer research, but national importance was not properly established or analyzed by the Director.

2 Well-positioned to Advance Endeavor Not Met

The Director's analysis was found to be contradictory and insufficient to support a definitive finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director did not sufficiently acknowledge evidence or explain the decisional weight given to balancing factors.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to evaluate the underlying EB-2 advanced degree qualification and provided a confusing, conflated analysis of the Dhanasar prongs. The original decision lacked a full explanation for the denial and failed to properly weigh the evidence regarding national importance and the petitioner's positioning.

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Expert Opinion Letters

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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: 2024-01-11.

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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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