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remanded EB-2 (NIW) RFE Issued

Chief Executive Officer/Entrepreneur

Cybersecurity · Colombia · 2025-02-13

Decision Date
2025-02-13
Location
Florida
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 develop a company providing cybersecurity services, specifically focusing on development, consulting, and training services for Critical Infrastructure Control Systems in both private and public sectors. The goal is to enhance cybersecurity within these systems.

Framework Evaluation

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

The AAO agreed the endeavor has substantial merit but found the Director's analysis insufficient to establish national importance, requiring further review on remand.

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

The Director's analysis was deficient, making inaccurate statements about the petitioner's experience and business ownership, leading to an unsubstantiated conclusion that this prong was not met.

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

The Director's decision lacked any analysis to support the conclusion that this prong was not met, providing only a general statement without explanation.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded due to a lack of detailed analysis of the evidence for all three Dhanasar prongs. While the Director initially found Prong 1 met, the AAO noted insufficient analysis on national importance. Prongs 2 and 3 were found unmet by the Director, but the AAO found the Director's analysis deficient, citing inaccurate statements about the petitioner's experience and lack of discussion of specific evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE initially indicated Prong 1 was met, but the AAO found the Director's analysis for national importance insufficient. The RFE and subsequent denial failed to adequately analyze evidence for Prongs 2 and 3, leading to a remand for further consideration.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Commercial Success

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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: 2025-02-13.

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At a Glance

Outcome remanded
RFE Issued
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

Related Pages

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

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