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remanded EB-2 (NIW)

Engineer

Mechanical Engineering In The Oil And Gas Sector · 2025-02-28

Decision Date
2025-02-28
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 continue working as an engineer in the United States, utilizing his expertise and knowledge to generate technological advances in the field of mechanical engineering within the oil and gas sector. The endeavor aims to have a significant potential impact on the broader engineering field.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit but concluded the petitioner did not establish national importance, without providing sufficient explanation or analysis of the evidence. The AAO noted the Director did not apply factors to the evidence or explain why it was insufficient.

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

The Director declined to address the petitioner's eligibility under Dhanasar's second prong.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director declined to address the petitioner's eligibility under Dhanasar's third prong.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded because the Director failed to adequately explain why the petitioner's proposed endeavor lacked national importance under Dhanasar's first prong, and did not address the petitioner's eligibility under the second and third Dhanasar prongs. The AAO found the Director did not apply factors to the evidence or explain its insufficiency.

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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: 2025-02-28.

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At a Glance

Outcome remanded
Criteria Met 0 / 3

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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