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remanded EB-2 (NIW) RFE Issued

Certified Public Accountant And Financial Advisor

Financial Advisory And Business Consulting · 2024-06-26

Decision Date
2024-06-26
Location
Florida
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 own and operate a Florida-based financial advisory and business consulting firm. The endeavor involves providing accounting and consulting services, supported by a five-year business plan and an investment agreement with another U.S. company.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director concluded this was not met, but the AAO found the determination conclusory and lacking analysis of the submitted business plan and letters.

2 On Balance, Waiving the Job Offer is Beneficial Not Met

The Director reached a conclusory determination that this prong was not satisfied without adequate explanation.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to provide a detailed analysis of the evidence, including a five-year business plan and expert letters. The original decision was deemed conclusory and failed to address whether the petitioner was well-positioned (Prong 2) or provide a reasoned analysis for Prongs 1 and 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar framework; the petitioner submitted an updated business plan and relevant documentation.

RFE Targets
Substantial Merit and National Importanceprong 2On Balance, Waiving the Job Offer is Beneficial

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-06-26.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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

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