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remanded EB-2 (NIW) RFE Issued

Business Manager

Insurance Field · Brazil · 2024-03-08

Decision Date
2024-03-08
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 apply experience in product and project development, strategic planning, and commercial management to foster growth in small, medium, and large companies. The work focuses on the insurance field, utilizing information technology for business expansion, market intelligence, and sales forecasting.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The Director conceded the endeavor has substantial merit, but the AAO found the analysis of national importance was procedurally flawed and required remand.

2 Well Positioned to Advance the Endeavor Not Met

The record was deemed insufficient to show the petitioner is well-positioned, particularly regarding the shift to the U.S. insurance market.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director failed to provide the petitioner an opportunity to address this prong in the RFE.

Why This Petition Was Remanded

The appeal was remanded because the Director's RFE only addressed prong 2, yet the denial was based on all three prongs, violating procedural fairness. The AAO noted that while the endeavor has merit, the petitioner's evidence (such as Florida insurance licensure and various certificates) must be re-evaluated to determine if they demonstrate national importance or are merely personal qualifications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused exclusively on Prong 2; the petitioner responded with additional certifications and insurance licensure, but the Director still denied the petition.

RFE Targets
Well Positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-03-08.

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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

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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