Visalytics
Visalytics
remanded EB-2 (NIW)

Senior Business Applications Analyst

Gaming And Streaming Services ยท 2025-03-19

Decision Date
2025-03-19
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 utilize advanced computing, including cloud computing and data processing and analysis techniques, to develop data infrastructure for gaming and streaming services. The work aims to develop innovative solutions to maintain leadership in the global video game industry and advance computing technologies of interest to the U.S. government.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined the petitioner established that the beneficiary was well-positioned to advance the endeavor.

2 Substantial Merit and National Importance Not Met

The AAO withdrew the Director's finding, stating the petitioner focused on the importance of the field rather than the specific impact of the proposed endeavor.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this unmet by applying a 'degree of influence' standard, which the AAO noted was improper for STEM-focused endeavors.

Why This Petition Was Remanded

The AAO remanded the case because the Director failed to provide a proper analysis of national importance under Prong 1 and did not correctly apply the USCIS Policy Manual's 'strong positive factors' for STEM-related endeavors under Prong 3. While the Beneficiary was found to be an advanced degree professional and well-positioned, the record lacked evidence of substantial positive economic effects at a national level.

Evidence

Evidence Types
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: 2025-03-19.

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At a Glance

Outcome remanded
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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