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remanded EB-2 (NIW) RFE Issued

International Business Developer

Management Consulting Services · Brazil · 2024-05-31

Decision Date
2024-05-31
Location
United States
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 provide international business development and consulting services through a company established in January 2022. The work focuses on management consulting services to impact the industry and serve differentiated business needs.

Why This Petition Was Remanded

The appeal was remanded because the Director erroneously determined there was an impermissible material change by citing a withdrawn 2020 petition. The AAO ruled that the 2022 petition for consulting services was a fresh filing and must be evaluated on its own merits under the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the consistency of the proposed endeavor. The petitioner responded by clarifying that the current consulting endeavor was the basis of the new 2022 filing, distinct from a prior withdrawn petition.

RFE Targets
prong 1

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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: 2024-05-31.

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At a Glance

Outcome remanded
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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