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remanded EB-2 (NIW)

Business Owner

Ecological, Biodegradable, And Recyclable Products In Retail Stores And Online ยท 2024-05-10

Decision Date
2024-05-10
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 operate a business focused on selling and distributing ecological, biodegradable, and recyclable products manufactured in the United States. The plan includes opening six retail stores in Florida over five years and engaging in online sales through e-commerce to address environmental concerns.

Framework Evaluation

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

The Director found the description deficient, but the AAO noted the record contained a detailed business plan that the Director failed to properly analyze.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded this prong was not met, though the AAO found the overall analysis of the petitioner's eligibility was incomplete.

3 On Balance, Benefit to the U.S. Not Met

The Director concluded that a waiver would not be in the national interest, a finding withdrawn for further consideration.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to adequately analyze the submitted business plan and mischaracterized the petitioner's role. While the record showed education and experience for EB-2 status, the Director's analysis of the Dhanasar prongs was deemed incomplete and inaccurate.

Evidence

Evidence Types
Professional Memberships

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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: 2024-05-10.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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