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remanded EB-2 (NIW) RFE Issued

Hazardous Waste Management Consultant

Hazardous Waste Management Consultant · Colombia · 2023-08-10

Decision Date
2023-08-10
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 intends to work as a hazardous waste management consultant. The endeavor involves applying expertise in logistics and operations management to the field of hazardous waste.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Met

The Director's initial decision implied this prong was met or at least did not list it as a ground for denial, though the AAO withdrew the entire NIW conclusion for a fresh review.

2 Well-positioned to Advance the Endeavor Not Met

The Director originally found the petitioner was not well-positioned, but the AAO withdrew this finding due to insufficient explanation and lack of evidence review.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director originally found the waiver was not in the national interest, but the AAO withdrew this finding for de novo review on remand.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to verify if the petitioner's bachelor's degree in architecture plus five years of experience met the 'advanced degree' requirements under 8 C.F.R. § 204.5(k)(3)(i)(B). Additionally, the Director did not evaluate the 'exceptional ability' claim or provide a sufficient explanation for the Dhanasar prong 2 and 3 denials.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested additional evidence to satisfy the Dhanasar prongs. The petitioner responded, but the AAO found the Director's analysis of the response was legally insufficient.

RFE Targets
Well-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Professional Memberships
Original Contributions

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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: 2023-08-10.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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 EB-2 (NIW) in Colombia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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