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remanded EB-2 (NIW) RFE Issued

Executive Director

Human Capital Formation · Belgium · 2024-10-01

Decision Date
2024-10-01
Location
Texas
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 attract more American students to STEM fields and bridge the gender gap in these fields through a non-profit organization he established in the U.S. This organization plans to conduct research, monitor the gender gap in STEM, organize conferences and workshops, and provide coaching and tutoring to students.

Framework Evaluation

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

The Director generally stated that the petitioner did not appear to meet this prong because his past and current work could not be verified, without providing a specific analysis.

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

The Director generally stated that the petitioner did not appear to meet this prong because his past and current work could not be verified, without providing a specific analysis.

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

The Director generally stated that the petitioner did not appear to meet this prong because his past and current work could not be verified, without providing a specific analysis.

Why This Petition Was Remanded

The Director's decision was remanded because it did not provide specific reasons for revoking the petition. The Director failed to explain how the inability to verify the petitioner's past work experience or the functioning of his non-profit in Texas made him ineligible for EB-2 NIW. A full Dhanasar analysis, discussing evidence and explaining how the petitioner met or did not meet the three prongs, was not conducted.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE (NOIR) questioned the petitioner's eligibility based on an investigation that could not verify his past work experience or the functioning of his non-profit organization in Texas, stating he did not appear to meet any Dhanasar prongs. The petitioner responded with evidence of the non-profit's legal establishment and argued the petition was forward-looking, with most past work outside the U.S.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

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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: 2024-10-01.

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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

Related Pages

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

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