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remanded EB-2 (NIW)

Entrepreneur In The Field Of Cybersecurity

Cybersecurity · 2023-11-27

Decision Date
2023-11-27
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 enterprise-grade cybersecurity solutions to average U.S. consumers through his company, Simius Technologies, Inc. The work focuses on making high-level security tools accessible to the general public to protect against digital threats.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director found this met without analysis, but the AAO found the evidence regarding revenue projections and industry-wide impact insufficient.

2 Well-positioned to Advance the Endeavor Not Met

The Director's reasoning was found to be confusing and conflated with national importance analysis.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director stated the legal standard but failed to discuss or weigh the specific evidence provided by the petitioner.

Why This Petition Was Remanded

The appeal was remanded because the Director's decision lacked a full explanation of the reasons for denial and conflated the evidentiary requirements of the Dhanasar prongs. The AAO noted that the petitioner's business plan lacked a clear basis for revenue and employment projections, and expert letters failed to demonstrate an impact beyond the petitioner's immediate customers.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2023-11-27.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 1

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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