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 Beneficiary's proposed endeavor is to provide vision, develop strategy, and implement efforts to educate pro-democracy dissidents worldwide. This includes training civil society actors in authoritarian regimes to employ strategic nonviolent action and conducting research and advocacy on nonviolent civil resistance.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director determined the endeavor had substantial merit but lacked evidence of national importance. The AAO found this determination conclusory and noted the Director failed to fully analyze evidence of national importance, such as the broad implications of the Beneficiary's work in democracy building.
2On balance, waiving the job offer requirement would benefit the United StatesNot Met
The Director concluded that the Beneficiary did not demonstrate the proposed endeavor would lead to job creation, and therefore lacked evidence of overall benefit to the United States. The AAO found this determination conclusory and noted the Director did not adequately consider the Beneficiary's unique skills and experience.
Why This Petition Was Remanded
The Director's decision was withdrawn and remanded because it lacked sufficient analysis of the Dhanasar framework, particularly regarding national importance (Prong 1) and the balance of benefits to the U.S. (Prong 3). The Director failed to adequately discuss additional materials submitted in response to an RFE, including detailed service contracts, recommendation letters, books, articles, video games, and documentaries, and did not explain the reasoning behind the decision or the insufficiencies in the evidence.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE questioned the endeavor's broader implications, economic impact, job creation potential, and the detailed dissemination of training methods. The petitioner responded with additional evidence on training, methodology, advocacy, and an action plan, arguing that national importance extends beyond economic impact.
RFE Targets
The proposed endeavor has both substantial merit and national importanceOn balance, waiving the job offer requirement would benefit the United States
The petitioner proposes to conduct research on the current challenges facing democratic governance to minimize social and political conflict. This work focuses on analyzing historical instances of populism to understand how such movements are formed and their impact on political stability. The research aims to protect vulnerable populations and ensure the enduring economic vitality of major commercial enterprises.
The petitioner proposes to attract more American students to STEM fields and bridge the gender gap through a nonprofit organization by providing scholarships, supplemental instruction, mentoring, and coaching, as well as conducting research on STEM education strategies.
The petitioner proposes to work as a human resources and organizational development professional, creating methodologies and organizational roadmaps to detail business/strategic goals for organizations. Her endeavor aims to enhance the effectiveness and readiness of employees in U.S. Foreign Service and global development institutions, focusing on talent pipeline planning, human capital development, and work readiness training, with a special emphasis on youth-at-risk and minority groups.
The petitioner proposes to work as a market development executive for his own content production company. The endeavor involves creating audiovisual productions to address social issues and working with artists, government entities, and non-profit foundations to provide culture and entertainment to communities with limited access.
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.
