remanded EB-2 (NIW) RFE Issued

Pharmacist

Healthcare ยท 2022-04-18

Decision Date
2022-04-18
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, a pharmacist, seeks to work in the United States in her professional capacity. The specific details of the research or clinical focus were not discussed in the remand decision due to an incomplete record.

Why This Petition Was Remanded

The decision was remanded because the Director failed to incorporate the Petitioner's timely RFE response into the record. The AAO could not determine if the Director considered the full evidence or adjudicate the merits of the national interest waiver without a complete record.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE on November 5, 2020. Although the Petitioner submitted a timely response, the Director failed to include it in the record, necessitating a remand for proper consideration.

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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: 2022-04-18.

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At a Glance

Outcome remanded
RFE Issued

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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