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remanded EB-2 (NIW) RFE Issued

Electrical Engineer And Entrepreneur

Electrical Engineer · Brazil · 2024-09-24

Decision Date
2024-09-24
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 work as an electrical engineer and entrepreneur in the United States. The specific details of the endeavor's research area, methodologies, and applications are not fully described in the provided text, as the Director's decision did not adequately analyze this aspect.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director did not make a determination on this prong, and the AAO remanded the matter for further analysis, noting the RFE also failed to discuss the facts of the case against the legal requirements.

2 The individual is well positioned to advance their proposed endeavor Not Met

The Director determined this prong was not met, but the AAO withdrew this determination due to insufficient explanation of the evidence and remanded for further consideration.

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

The Director determined this prong was not met, but the AAO withdrew this determination due to insufficient discussion of the evidence and balancing factors, remanding for further analysis.

Why This Petition Was Remanded

The Director's decision was withdrawn and the case remanded because the Director did not sufficiently explain the basis for denying eligibility under Dhanasar prongs two and three, nor did they make a determination on prong one. Additionally, the AAO withdrew the Director's finding that the petitioner qualified for the EB-2 advanced degree classification, noting a lack of evidence for five years of progressive experience in his specialty, despite having a bachelor's degree from Brazil.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE stated the legal requirements for meeting Dhanasar's first prong but did not discuss the facts of the case or any insufficiencies in the petitioner's evidence.

RFE Targets
prong 1 national importance

Evidence

Evidence Types
Reference Letters Dependent
Academic Transcripts

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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: 2024-09-24.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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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