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 Human Resources / Business Administration industry affect EB-2 NIW petition outcomes?

The Human Resources / Business Administration 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

Business Administrator

Human Resources / Business Administration · Brazil · 2024-08-08

Decision Date

2024-08-08

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 petitioner intends to act as a business administrator in charge of human resources. The work involves helping organizations function efficiently and recommending changes to policies or procedures to improve operations.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The AAO found the record did not sufficiently demonstrate the endeavor's impact beyond the petitioner's immediate employers or clients.

2 Well Positioned to Advance the Proposed Endeavor Not Met

The Director's original denial was withdrawn due to the use of improper metrics, and the matter was remanded for a proper evaluation of the petitioner's positioning.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to provide analysis for EB-2 eligibility and prong one, and applied incorrect legal standards for prong two. Additionally, the petitioner failed to provide proper translations and original academic records for several degrees, making it impossible to verify advanced degree status.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed basic EB-2 eligibility and all three Dhanasar prongs, but the petitioner failed to provide necessary translated transcripts and original academic records.

RFE Targets

eb2 qualificationSubstantial Merit and National ImportanceWell Positioned to Advance the Proposed Endeavorprong 3

Evidence

Evidence Types

Reference Letters Dependent

Professional Memberships

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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: 2024-08-08.

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At a Glance

Outcome remanded

RFE Issued

Criteria Met 0 / 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

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