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remanded EB-2 (NIW)

Chief Executive Officer

Marine Fuel Management And Bunker Inspection Services · 2025-02-25

Decision Date
2025-02-25
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 establish and operate a marine fuel management and bunker inspection services company. This endeavor aims to provide specialized services within the marine industry.

Framework Evaluation

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

The Director found the proposed endeavor had substantial merit but failed to establish national importance. The AAO found the Director's analysis insufficient and remanded for proper evaluation.

2 Well positioned to advance the proposed endeavor Not Met

The Director failed to offer any analysis on this prong. The AAO found this insufficient and remanded for proper evaluation.

3 Beneficial to the U.S. to waive job offer and labor certification Not Met

The Director failed to offer any analysis on this prong. The AAO found this insufficient and remanded for proper evaluation.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded because it lacked sufficient analysis for the EB-2 exceptional ability classification and failed to provide any substantive analysis for the second and third Dhanasar prongs. The Director only determined substantial merit for Prong 1 but not national importance, and did not explain the denial of Prongs 2 and 3, preventing meaningful appellate review.

Evidence

Evidence Types
Official Academic Record
Letters From Current Or Former Employers (10+ Years Experience)
License Or Certification
Salary Or Remuneration
Membership In Professional Associations
Recognition For Achievements And Significant 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: 2025-02-25.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 6

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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