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remanded EB-2 (NIW)

Entrepreneur And Business Executive

Craft Beer Brewer · 2024-08-06

Decision Date
2024-08-06
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 provide his expertise as an Entrepreneur and Business Executive to bring his craft beer brand and business operations to the United States. The endeavor involves establishing and operating a craft beer business.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director initially found this prong unmet, but the AAO remanded the case, stating the Director's decision was unclear and erroneous, requiring a new review.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director initially found this prong unmet, but the AAO remanded the case, stating the Director's decision was unclear and erroneous, requiring a new review.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director initially found this prong unmet, but the AAO remanded the case, stating the Director's decision was unclear and erroneous, requiring a new review.

Why This Petition Was Remanded

The Director's decision to deny the petition was withdrawn by the AAO due to errors and a lack of clarity in the explanation of the denial. The AAO noted that the Director's analysis of the Dhanasar prongs was disorganized and insufficient, making it difficult to understand the basis for the denial and preventing meaningful appellate review. The case was remanded for a new decision that clearly addresses eligibility for the underlying EB-2 classification and each of the three Dhanasar prongs.

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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: 2024-08-06.

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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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