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remanded EB-2 (NIW) RFE Issued

Nautical Science Professional

Nautical Science · 2024-04-25

Decision Date
2024-04-25
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 submitted a professional plan and expert opinion letters regarding her work in the field of Nautical Science. The specific details of the endeavor were not fully detailed in the appellate decision, but it involves her professional expertise in the maritime/nautical field.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director concluded the endeavor lacked merit and importance without providing analysis of the submitted professional plan and expert letters.

2 Well Positioned to Advance the Endeavor Not Met

The Director ignored evidence of academic qualifications and professional achievements, failing to explain why the evidence was deficient.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director did not discuss the evidence weighed in balancing the considerations required for the third prong.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to provide a detailed analysis of the evidence and reached conclusory findings. Additionally, the Petitioner provided new clarifying evidence regarding her academic degree's equivalency and professional experience to satisfy the underlying EB-2 classification requirements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs and EB-2 classification; the petitioner responded with academic evaluations and experience letters, but the Director's review was found to be conclusory.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-04-25.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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