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remanded EB-2 (NIW)

Teacher And Educational Administrator

Education · Taiwan · 2023-01-24

Decision Date
2023-01-24
Location
California
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 the 'Center of Bilingual Education Resources and Research' to facilitate Mandarin Chinese-English bilingual education. The center would recruit and train teachers from Taiwan and Hong Kong for credentialed programs in California and develop bilingual curricula for K-12 schools.

Framework Evaluation

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

While the endeavor has merit, the Director found it lacked national importance; however, the AAO noted the Director failed to consider the impact of curriculum design.

2 Well-positioned to Advance the Endeavor Not Met

The Director found insufficient evidence of financial planning and questioned if the petitioner's experience translated to running a foundation.

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

Not addressed by the AAO as the first two prongs were not resolved.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to consider all elements of the endeavor, such as curriculum design, which may have national importance. Additionally, new evidence regarding a $500,000 investment and a revised business plan required further evaluation by the Director.

Evidence

Evidence Types
Expert Letter
Business Plan

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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: 2023-01-24.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 2

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

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