Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Customs And Trade Specialist

Customs And Trade Consultancy Services · Venezuela · 2024-05-21

Decision Date
2024-05-21
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 establish and operate a customs and trade consultancy business in the United States. She intends to analyze client operations and implement strategies to improve efficiency, productivity, and profitability regarding customs and trade compliance.

Framework Evaluation

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

The Director concluded this was met, though the AAO noted the lack of specific identification of the endeavor's impact.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner not well-positioned, but the AAO withdrew this for lack of proper evaluation of her academic record and business plan.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the balancing test was not satisfied, but the AAO withdrew the finding due to insufficient discussion of the evidence.

Why This Petition Was Remanded

The appeal was remanded because the Director incorrectly identified the Petitioner's degree as Industrial Engineering and failed to provide a reasoned analysis for the Dhanasar prongs. The Petitioner holds a Master and Bachelor of Customs and International Commerce from Venezuela, but failed to prove U.S. equivalency or five years of progressive post-baccalaureate experience.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's positioning to advance the endeavor. The petitioner responded with academic credentials, training certificates, and a business plan, which the Director failed to analyze properly.

RFE Targets
Well-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Others

Consulting

USCIS EB-2 (NIW) dismissed
2024-06-11
The petitioner proposes to work as a foreign trade specialist providing consulting services to small and medium-sized import-export businesses. The work focuses on facilitating international trade and providing economic implications through business consulting.

Business Manager

Consulting

USCIS EB-2 (NIW) rfe dismissed
Michigan 2023-12-13
The petitioner proposed to operate an international trade consulting business (G-) to assist U.S. manufacturers in the electrical, plumbing, and hardware industries with entering foreign markets. Additionally, she proposed seeking employment in business administration, marketing, and logistics, as well as operating a real estate remodeling business (S-).

Consultant

Consulting

USCIS EB-2 (NIW) rfe dismissed
United States 2024-04-18
The petitioner proposes to work as an independent consultant developing customized international business plans and trade strategies for U.S. small and medium-sized enterprises (SMEs). The work involves analyzing global economic trends and trade policies to help SMEs expand sales abroad, diversify supply chains, and achieve economic growth.

Others

Consulting

USCIS EB-2 (NIW) dismissed
2024-08-06
The petitioner proposes to work as a Judicial Law Clerk and simultaneously offer international trade consulting services to firms in the United States and abroad. The specific details of how these two roles would be balanced and contribute to a unified endeavor were not clarified.

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.

Browse More Cases

More remanded cases More Consulting cases More cases from Venezuela

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-21.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Venezuela All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist