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remanded EB-2 (NIW)

CEO Of An IT And Gamification Consulting Company

Information Technology (IT) And Gamification Consulting · 2024-05-16

Decision Date
2024-05-16
Location
Florida
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 open and direct the operations of an information technology (IT) and gamification consulting firm, serving as the company's CEO.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director found substantial merit but denied national importance; however, the AAO found the analysis deficient for ignoring evidence and misidentifying the industry.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded the petitioner was not well-positioned but failed to analyze the petitioner's academic record, certifications, and expert support.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director did not adequately discuss the evidence or explain the basis for the determination under this prong.

Why This Petition Was Remanded

The AAO remanded the case because the Director's decision lacked a sufficient final merits determination regarding the petitioner's exceptional ability and failed to properly evaluate the evidence under the Dhanasar framework. Specifically, the Director ignored expert opinion letters, industry articles, and the petitioner's STEM background, and erroneously described the endeavor as being in the 'accounting services' field.

Evidence

Evidence Types
Awards
Professional Memberships
Reference Letters Dependent

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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: 2024-05-16.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 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

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