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remanded EB-2 (NIW) RFE Issued

Information Technology Consultant

Information Technology · 2024-08-01

Decision Date
2024-08-01
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 offer technological solutions, innovative and adaptable to the needs of clients, guaranteeing an increase in their competitiveness and growth.

Framework Evaluation

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

The Director determined this prong was not met, but the AAO found the Director applied an incorrect legal standard by requiring the petitioner to 'demonstrate an interest of the government or its agency in the beneficiary's particular endeavor'.

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

The Director found this prong unmet because the duties the petitioner would perform were not 'unique or unusual,' a requirement for which the AAO found no support.

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

The Director determined this prong was not met, but the AAO found that the Director 'did not engage in any analysis of the evidentiary record' for this prong.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the case due to several errors. The Director failed to make an initial determination on the Petitioner's EB-2 eligibility (advanced degree professional or exceptional ability). For the national interest waiver, the Director applied incorrect legal standards, such as requiring government interest in the endeavor and that duties be 'unique or unusual,' and failed to engage in any analysis of the evidentiary record for the third Dhanasar prong. The AAO found these errors prevented a fair opportunity for the Petitioner to contest and for meaningful appellate review.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the petitioner's qualifications for EB-2 classification, specifically regarding an advanced degree or exceptional ability. The Director's subsequent denial also addressed the Dhanasar prongs, which the AAO found to be based on erroneous legal standards and insufficient analysis.

RFE Targets
eb2 qualificationProposed endeavor has both substantial merit and national importanceIndividual is well-positioned to advance their proposed endeavorOn balance, it would benefit the United States to waive the job offer and labor certification requirements

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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: 2024-08-01.

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

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

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