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remanded EB-2 (NIW) RFE Issued

Business Manager

Food And Beverage Industry · 2024-11-13

Decision Date
2024-11-13
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 work as an entrepreneur and expand her current business in the food and beverage industry. This endeavor aims to contribute to the national interest by growing a business within a specific sector.

Framework Evaluation

0 of 3 criteria met

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) remanded the case because the Director's denial lacked substantive analysis, failing to explain specific reasons for denial, address submitted evidence, or discuss the applicability of relevant law. The AAO found that this deficiency prevented the petitioner from filing a meaningful appeal and hindered appellate review. The Director is instructed to issue a new decision with a full explanation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued two Requests for Evidence (RFEs) to the petitioner, seeking additional documentation to establish her eligibility for a national interest waiver. The petitioner submitted documentation in response to these requests. However, the Director's subsequent denial decision failed to adequately address the submitted evidence or explain the reasons for ineligibility.

RFE Targets
prong 1prong 2prong 3

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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: 2024-11-13.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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