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remanded EB-2 (NIW) RFE Issued

Entrepreneur

Food Industry · 2024-09-26

Decision Date
2024-09-26
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 an endeavor within the food industry. The specific details of the research area, methodologies, or intended impact are not elaborated in the provided text, beyond a general reference to 'the impact of her proposed endeavor'.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director concluded the petitioner had not established national importance, but the AAO found this conclusion lacked analysis and explanation of why the proposed endeavor did not meet the standard.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director did not discuss the petitioner's eligibility for this prong at all in the decision, despite having raised it in an RFE.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded this prong was not met, but the AAO found this conclusion was based on general statements about insufficient evidence without explanation or analysis of the record.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision because it was deficient. The Director failed to explain specific reasons for denial, did not analyze submitted documents, and provided general conclusions without explaining why the petitioner's proposed endeavor did not meet the national importance criterion (Dhanasar prong 1) or why evidence was insufficient for prong 3. Prong 2 was not addressed at all by the Director.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's Request for Evidence (RFE) indicated that the petitioner had not met prong two of the Dhanasar framework. However, the subsequent decision did not address this prong, and the AAO found the Director's overall decision to be deficient in explaining the reasons for denial across all prongs.

RFE Targets
The individual is well-positioned to advance their proposed endeavor

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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: 2024-09-26.

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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

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