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remanded EB-2 (NIW) RFE Issued

Lawyer

Lawyer · 2024-05-23

Decision Date
2024-05-23
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, a lawyer, proposes to continue his professional practice in the United States, providing legal services as outlined in a business plan.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director concluded that the Petitioner is well-positioned to advance his endeavor.

2 Substantial Merit and National Importance Partially Met

The Director determined the endeavor had substantial merit but lacked national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the Petitioner did not satisfy the balancing test.

Why This Petition Was Remanded

The AAO remanded the case because the Director failed to evaluate the Petitioner's motion to reconsider, only addressing the motion to reopen. The Director's initial denial was based on failing Dhanasar Prongs 1 and 3, but the procedural failure to address legal arguments in the motion to reconsider necessitated a remand.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Petitioner submitted an enhanced business plan in response to a Notice of Intent to Deny (NOID) to address concerns regarding the national importance of the legal practice.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Business Plan
Letters Of Recommendation

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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: 2024-05-23.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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