How common are remanded EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Electrical and computer engineering industry affect EB-2 NIW petition outcomes?

The Electrical and computer engineering sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-2 (NIW) RFE Issued

Electrical Engineering Researcher

Electrical And Computer Engineering · Pakistan · 2024-04-04

Decision Date

2024-04-04

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 conduct research in wireless communication, cyber security, and artificial intelligence tools for healthcare, seeking a tenure-track associate professorship at a U.S. university.

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 without providing a detailed explanation.

Why This Petition Was Remanded

The AAO remanded the case because the Director failed to provide specific legal and factual reasons for the denial as required by 8 C.F.R. § 103.3(a)(1)(i). The AAO noted the Petitioner holds a Ph.D. and has experience as an Associate Professor, but questioned the weight of his peer review experience and the lack of confirmed interest from U.S. employers for his proposed role.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs and EB-2 eligibility; the petitioner responded with evidence of peer reviews and NSF funding, but the Director still denied the petition.

RFE Targets

Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types

Peer Reviewed Publications

Grants

Original Contributions

Government Alignment

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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: 2024-04-04.

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At a Glance

Outcome remanded

RFE Issued

Criteria Met 1 / 3

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

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