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remanded EB-2 (NIW)

Medical Research Application Developer

Medical Research Application Developer · 2025-01-08

Decision Date
2025-01-08
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 developing and implementing software applications and data management tools tailored for medical researchers. This includes co-developing applications like 'I' for clinical trials and working on a pilot project with the CDC to modernize public health data infrastructure for health data collection and exchange across the United States.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The AAO withdrew the Director's negative finding, concluding the petitioner demonstrated being well-positioned through co-development of widely adopted applications and involvement in NIH-coordinated projects.

2 Proposed endeavor has substantial merit and national importance Not Met

The Director initially found national importance unmet due to overemphasis on economic impact. The AAO remanded for reconsideration, noting potential impact on science, technology, health, education, or critical STEM technologies was not sufficiently considered.

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

The Director found this prong unmet. The AAO remanded for reconsideration, instructing the Director to re-evaluate based on the new determination for national importance and considering STEM-related factors.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded. The AAO found the Director erred in the final merits analysis for exceptional ability, as the petitioner demonstrated expertise significantly above the ordinary through widely adopted applications and NIH-coordinated projects. For NIW, the Director erred on Prong 1 by overemphasizing economic impact and on Prong 2 by concluding the petitioner was not well-positioned, despite evidence of significant contributions. Prong 3 was remanded for reconsideration based on the re-evaluation of Prong 1.

Evidence

Evidence Types
Academic Record
Professional Memberships
Original Contributions
Reference Letters Independent
Media Coverage
Government Alignment

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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: 2025-01-08.

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At a Glance

Outcome remanded
Criteria Met 1 / 3
Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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