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remanded EB-2 (NIW) RFE Issued

IT Specialist

IT Specialist · 2025-03-19

Decision Date
2025-03-19
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 work as an IT specialist in the United States to enhance cybersecurity for U.S. enterprises. This endeavor aims to reduce the risk of cyber attacks, data breaches, and financial losses for these entities.

Framework Evaluation

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

The Director concluded this prong was not met, but without providing an explanation for their conclusion regarding the national importance of the petitioner's cybersecurity endeavor.

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

The Director focused solely on letters of recommendation, concluding they did not establish the Petitioner's achievements, and failed to analyze other submitted evidence.

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

The Director stated the evidence did not support the Petitioner's assertion that a waiver would benefit the United States, without providing any analytical reasoning.

Why This Petition Was Remanded

The Director denied the petition, concluding the petitioner did not establish eligibility for a national interest waiver. The AAO found the Director's decision lacked sufficient explanation and analysis for all three Dhanasar prongs. Specifically, the Director did not adequately explain why the proposed endeavor lacked national importance, why the petitioner was not well-positioned, or why waiving the job offer would not benefit the U.S. The AAO also disagreed with the Director's initial finding that the Petitioner qualified as an advanced degree professional, noting the diploma was equivalent to 2-3 years of university study, not a bachelor's degree or foreign equivalent. The AAO remanded for re-evaluation of EB-2 exceptional ability criteria and a full Dhanasar analysis.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE initially led the Director to determine the Petitioner qualified for EB-2 as an advanced degree professional, a finding later disputed by the AAO. The RFE also implicitly targeted the national interest waiver prongs, as the Director's subsequent denial was based on these.

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Professional Memberships
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: 2025-03-19.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

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