remanded EB-2 (NIW) RFE Issued

Financial And Investment Analyst And Consultant

Financial And Investment Analyst And Consultant · 2024-06-25

Decision Date
2024-06-25
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 operate a financial and investment consulting company in Florida. The endeavor involves providing services as a financial and investment analyst and consultant to support business development and economic growth.

Framework Evaluation

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

The Director conceded the endeavor has substantial merit but failed to properly analyze evidence regarding its national importance.

Why This Petition Was Remanded

The AAO remanded the case because the Director failed to adequately analyze the evidence, including a business plan, expert letters, and proof of five years of progressive experience. The AAO found the Petitioner qualified for EB-2 classification as an advanced degree professional and noted the Director erroneously applied 'exceptional ability' standards to the NIW analysis.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor and the petitioner's positioning; the petitioner provided a business plan and expert letters which the AAO found were not properly weighed by the Director.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Media Coverage
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: 2024-06-25.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

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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