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remanded EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Distance Education With A Focus On Information Technology

Distance Education With A Focus On Information Technology · Brazil · 2023-04-04

Decision Date
2023-04-04
Location
Brazil
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 operate as an entrepreneur in the field of distance education with a focus on information technology. The work involves developing web portals, creating online courses, and organizing technology events and mentorship sections for software engineering professionals.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to determine if the Petitioner qualified as an advanced degree professional before conducting the Dhanasar analysis. While the Petitioner failed to meet the 'exceptional ability' criteria (failing to prove 10 years of experience, high salary, or professional memberships), his academic credentials and MBA equivalency were not sufficiently analyzed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's eligibility for the EB-2 classification, specifically regarding salary remuneration and professional memberships. The Petitioner responded with currency conversion explanations and AMA membership details, which were found insufficient.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Professional Memberships
Original Contributions

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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: 2023-04-04.

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At a Glance

Outcome remanded
RFE Issued
Evidence Types 4

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 Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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