How common are remanded EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the communication and networking technologies industry affect EB-2 NIW petition outcomes?

The communication and networking technologies sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-2 (NIW)

Researcher In Communication And Networking Technologies

Communication And Networking Technologies · 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 conduct research in communication and networking technologies. The specific focus and methodologies of the research are not detailed in this procedural decision.

Why This Petition Was Remanded

The AAO withdrew the Director's revocation because the Notice of Intent to Revoke (NOIR) provided incorrect instructions, specifically stating the petitioner could not respond by submitting repayment. Under USCIS Policy Manual B.6(B), a petitioner must be allowed to rectify a declined payment within the NOIR period, which the Director failed to permit.

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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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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