remanded EB-2 (NIW) RFE Issued

Researcher

Inorganic Chemistry, Renewable Energy Technology And Advanced Nanomaterials · Iran · 2024-11-20

Decision Date
2024-11-20
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 continue research in developing state-of-the-art methods for the construction and design of new substrates and materials for high-performance solar cells. This work aims to improve renewable energy technology and create advanced nanomaterials.

Framework Evaluation

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

The Director found substantial merit but failed to establish national importance. The AAO found the Director erred in analysis and remanded for re-evaluation.

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

The Director concluded the Petitioner was not well positioned. The AAO remanded for re-evaluation.

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

The Director concluded the record did not demonstrate widespread benefits. The AAO remanded for re-evaluation.

Why This Petition Was Remanded

The Director denied the petition, finding the petitioner qualified for EB-2 but failed to establish national interest waiver eligibility. The AAO withdrew the Director's decision and remanded the case, citing the Director's failure to adequately assess the proposed endeavor's national importance, properly evaluate the petitioner's position to advance the endeavor, and fully consider the balancing factors for the waiver's benefit to the U.S. The AAO noted the Director did not provide a meaningful analysis of the submitted evidence, including peer-reviewed journals and publications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor, the petitioner's position to advance it, and the overall benefit to the U.S. of waiving the job offer. The AAO found the Director's subsequent decision did not adequately analyze the petitioner's response to these points.

RFE Targets
Proposed endeavor has both substantial merit and national importanceNoncitizen is well positioned to advance the proposed endeavorOn balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

Evidence

Evidence Types
Peer Reviewed Publications
Citations
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: 2024-11-20.

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At a Glance

Outcome remanded
RFE Issued
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

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