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remanded EB-2 (NIW) RFE Issued

Environmental Engineer

Environmental Engineering · Brazil · 2024-07-26

Decision Date
2024-07-26
Location
United States
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 open and operate an environmental engineering firm focusing on consulting services for water and energy efficiency and the development of green construction technologies. Specifically, she intends to introduce and expand the use of three existing technological products—a concrete building block and two software programs—into the U.S. construction market.

Framework Evaluation

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

Found to have substantial merit but the Director's finding of no national importance was withdrawn for failing to consider the full scope of the endeavor.

2 Well-positioned to Advance the Proposed Endeavor Not Met

The Director's negative finding was withdrawn because it lacked adequate explanation and failed to address submitted evidence.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director's negative finding was withdrawn due to a lack of supporting analysis and failure to evaluate Dhanasar factors.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to analyze the full scope of the proposed endeavor, including specific technologies, and did not provide a clear explanation for findings under prongs two and three. The petitioner holds a bachelor's degree in environmental engineering from Brazil followed by over five years of progressive experience, qualifying her for EB-2 classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all three Dhanasar prongs, but the petitioner argued the request was boilerplate and did not reflect a thorough review of the initial evidence.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Proposed EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Patents
Reference Letters Dependent
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: 2024-07-26.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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