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remanded EB-2 (NIW) RFE Issued

Associate Professor /Researcher

Educational Administration And Policy · 2024-05-16

Decision Date
2024-05-16
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 advance research in educational administration and policy. The work specifically focuses on exploring the relationships between teacher performance and student success to inform educational improvements.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The Director conceded the endeavor has substantial merit but found it lacked national importance; the AAO found this analysis insufficient.

2 Well Positioned to Advance the Endeavor Not Met

The Director initially found this met in the RFE but reversed the decision in the final denial without adequate explanation.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded this was not met but provided no meaningful analysis for the AAO to review.

Why This Petition Was Remanded

The appeal was remanded because the original decision lacked sufficient legal and factual analysis of the Dhanasar prongs. The Director failed to adequately discuss evidence such as Google Scholar profiles, citations, and expert letters, and inconsistently applied findings regarding the second prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for national importance. The petitioner submitted journals, industry reports, and citation records, but the Director ultimately denied the petition.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the Endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Citations
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: 2024-05-16.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 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

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