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remanded EB-2 (NIW) RFE Issued

Postdoctoral Researcher

Engineer · 2025-01-21

Decision Date
2025-01-21
Location
University of South Carolina
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 pursue a position as a postdoctoral researcher, specifically expressing interest in the University of South Carolina. The endeavor involves research in a field where the petitioner specializes, with active discussions with various U.S. institutions.

Framework Evaluation

0 of 3 criteria met
1 Whether the petitioner is well-positioned to advance their proposed endeavor Not Met

The AAO found this prong unmet, disagreeing with the Director. The petitioner lacked properly translated academic records, had not completed a doctorate for a postdoctoral role, and showed no evidence of institutional interest, progress, or funding for the proposed endeavor.

Why This Petition Was Remanded

The Director's decision was withdrawn and the matter remanded. The AAO found that the petitioner failed to provide properly certified translations of academic records (master's degree diploma and transcript), making it impossible to verify the advanced degree for EB-2 qualification. Additionally, for Prong 2, the petitioner, despite pursuing a doctorate since 2016, had not completed it and provided no evidence of interest from the University of South Carolina or other institutions, nor evidence of research funding or significant progress towards the proposed endeavor. The AAO did not make findings on Dhanasar Prongs 1 and 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE initially found the petitioner well-positioned for Prong 2. However, the AAO's review found the RFE response insufficient, specifically regarding the lack of properly certified academic records and concrete evidence of progress or institutional interest for the proposed postdoctoral researcher position.

RFE Targets
Whether the petitioner is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Peer Reviewed Publications

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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: 2025-01-21.

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At a Glance

Outcome remanded
RFE Issued
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

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