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remanded EB-2 (NIW) RFE Issued

Financial Clerk

Financial Clerk · Brazil · 2024-04-30

Decision Date
2024-04-30
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, a financial clerk, proposes to work in the United States in the field of accounting and business consulting. The endeavor involves providing essential accounting knowledge and services to businesses, potentially impacting the U.S. economy through financial oversight.

Framework Evaluation

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

The Director concluded the Petitioner did not show the endeavor would impact the field more broadly at a level commensurate with national importance.

Why This Petition Was Remanded

The appeal was remanded because the Director's original denial lacked specific legal and factual reasons and contained significant errors regarding the Petitioner's educational background (citing a 2005 degree instead of a 2016 degree). Additionally, the Director failed to evaluate the second and third Dhanasar prongs and did not properly address the Petitioner's motion to reconsider.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the Petitioner's EB-2 eligibility and the national importance of the endeavor; the Petitioner responded with industry reports and additional employment letters.

RFE Targets
eb2 qualificationSubstantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Awards

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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: 2024-04-30.

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

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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