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remanded EB-2 (NIW) RFE Issued

Software Engineer

Information Technology · Brazil · 2024-09-23

Decision Date
2024-09-23
Location
Brazil
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 bring his company and its management system software, designed to facilitate logistics for vehicle repair shops, to the United States. This system aims to connect insurers and customers, managing the entire process from budgeting and scheduling to repairs and vehicle delivery.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director's finding that this prong was not met was based on an incorrect identification of the petitioner's endeavor as a corporate lawyer, leading to a flawed analysis. The AAO withdrew this finding and remanded for re-evaluation.

2 Petitioner is well positioned to advance the proposed endeavor Not Met

The Director's finding that this prong was not met was based on an erroneous reference to the 'airline industry' for the petitioner's field, leading to a flawed analysis. The AAO withdrew this finding and remanded for re-evaluation.

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

The Director stated the law but did not sufficiently identify or discuss the evidence weighed or meaningfully address the petitioner's specific claims. The AAO withdrew this finding and remanded for re-evaluation.

Why This Petition Was Remanded

The decision was remanded because the Director mischaracterized the petitioner's proposed endeavor, incorrectly identifying it as a corporate lawyer or related to the airline industry. The Director also failed to adequately analyze evidence for the EB-2 exceptional ability criteria, specifically regarding licenses/certifications and recognition for achievements, and did not sufficiently discuss the evidence for the Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for the EB-2 exceptional ability criteria, specifically regarding licenses/certifications and recognition for achievements. The Director's analysis of the submitted evidence for these criteria was deemed insufficient, and evidence for the high salary criterion was not addressed.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Licenses Or Certifications
High Salary

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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: 2024-09-23.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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