How common are remanded EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the global video game industry industry affect EB-2 NIW petition outcomes?

The global video game industry sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-2 (NIW) RFE Issued

Senior Business Intelligence Analyst

Global Video Game Industry · 2025-01-08

Decision Date

2025-01-08

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 Beneficiary's proposed endeavor is to utilize advanced computing technologies to design and develop data analytics infrastructure to gather and track metrics on the performance of systems for the Petitioner's streaming platform. This work aims to maintain the Petitioner's leadership in the global video game industry and advance computing capabilities.

Framework Evaluation

2 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Met

The Director concluded that the evidence submitted was sufficient to establish that the Beneficiary's proposed endeavor had substantial merit and national importance, despite conflicting statements in the decision.

2 Petitioner is well-positioned to advance the proposed endeavor Met

The Director determined that the Beneficiary was well-positioned to advance the proposed endeavor.

3 On balance, it would benefit the U.S. to waive the job offer and labor certification requirements Not Met

The Director concluded that the Petitioner did not establish that waiving the job offer requirement would benefit the United States, citing a lack of influence, urgency, and unique skills beyond a typical senior business analyst, and insufficient demonstration of national-scale job creation or benefit.

Why This Petition Was Remanded

The Director's decision was withdrawn and the matter remanded due to procedural errors in revoking the petition and conflicting statements regarding Prong 1. The Director denied the petition primarily because Prong 3 was not met, stating the Beneficiary lacked sufficient influence, urgency, and unique skills beyond a successful senior business analyst, and did not demonstrate national-scale job creation or benefit to the U.S. beyond the immediate employer. The Director also failed to sufficiently address USCIS policy manual guidance for STEM fields under Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE and subsequent NOIR broadly requested additional evidence to demonstrate eligibility under all three Dhanasar prongs, without specific articulation of the grounds for revocation. The Director's decision to deny the petition was based on the perceived failure to meet Prong 3.

RFE Targets

Proposed endeavor has substantial merit and national importancePetitioner is well-positioned to advance the proposed endeavorOn balance, it would benefit the U.S. to waive the job offer and labor certification requirements

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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: 2025-01-08.

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At a Glance

Outcome remanded

RFE Issued

Criteria Met 2 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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