Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Environmental Consultant

Environmental Consultant · Ecuador · 2024-09-03

Decision Date
2024-09-03
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, an environmental consultant, proposes an endeavor for which a national interest waiver is sought. The specific details of the proposed work, methodologies, and intended impact are not elaborated in this decision.

Framework Evaluation

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

The Director concluded that the Petitioner had established the substantial merit and national importance of the proposed endeavor.

2 Well-Positioned to Advance the Endeavor Not Met

The Director concluded that the Petitioner had not established that he was well-positioned to advance his proposed endeavor, citing a lack of specific explanation or analysis of the evidence provided. The AAO found this analysis incomplete and remanded for further assessment.

Why This Petition Was Remanded

The AAO withdrew the Director's decision and remanded the case because the Director erred in determining the Petitioner's eligibility for the underlying EB-2 visa classification, specifically regarding the lack of evidence for a bachelor's degree despite the Director's RFE stating otherwise. Additionally, the Director provided an incomplete analysis of the evidence concerning whether the Petitioner was well-positioned to advance the proposed endeavor (Prong 2), merely stating a 'lack of evidence supporting claims made' without specific explanation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE from the Director indicated the Petitioner had a bachelor's degree and five years of progressive experience, which the AAO later found unsupported by the record. The RFE also implicitly questioned the evidence for Prong 2, leading to the Director's finding of insufficient evidence for the petitioner being well-positioned.

RFE Targets
Well-Positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Entrepreneur

Environmental Services

USCIS EB-2 (NIW) rfe dismissed
New York 2024-08-13
The petitioner proposes to establish an environmental consulting company in New York to provide high-quality environmental consulting services, including developing environmental programs, project planning, conducting audits and risk analysis, and training clients' staff in environmental practices. The endeavor also aims to help companies comply with legal norms and rules in the field of ecology.

Sustainability Specialist

Environmental Services

USCIS EB-2 (NIW) rfe dismissed
South Florida 2024-07-22
The petitioner proposes to work as a Sustainability Advisor providing expert in-house project sustainability and environmental consulting services to U.S. businesses. The work involves establishing in-depth plans, managing project phases, evaluating environmental policies, and performing comprehensive audits to mitigate environmental damage and raise organizational awareness of conservation.

Others

Environmental Services

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-04-26
The petitioner intends to assist U.S. organizations in designing, developing, and implementing systems to protect workers from illness and injury and protect the environment. She plans to operate an Environmental Health and Safety (EHS) consultancy firm providing due diligence and mitigation of environmental liabilities.

Consultant

Information Technology

USCIS EB-2 (NIW) dismissed
2024-09-11
The petitioner, an Oracle EBS consultant, seeks to continue his work in the global IT services sector, focusing on enhancing logistical operations, spearheading major projects involving critical updates, system overhauls, and implementing comprehensive new systems.

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.

Browse More Cases

More remanded cases More Environmental Services cases More cases from Ecuador

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-03.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Ecuador All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist