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remanded EB-2 (NIW) RFE Issued

Entrepreneur In The Nutrition And Wellness Consulting Industry

Nutrition And Wellness Consulting Industry · 2024-05-30

Decision Date
2024-05-30
Location
Florida
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 open a nutritional and wellness consulting and counseling business in Florida. The endeavor aims to offer these services throughout the United States to promote health and wellness.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The Director found the endeavor had substantial merit but lacked national importance; however, the AAO withdrew this due to lack of analysis.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded the petitioner was not well-positioned based on education and experience alone, though the AAO found this conclusion lacked explanation.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded this prong was not met without providing a specific analysis of the benefits.

Why This Petition Was Remanded

The appeal was remanded because the Director's original decision failed to provide a detailed analysis or explanation for why the evidence did not meet the Dhanasar prongs or EB-2 classification. The AAO noted that the Director merely listed evidence without explaining the underlying deficiencies, violating 8 C.F.R. § 103.3(a)(i).

Request for Evidence (RFE)

Unsuccessfully Addressed

USCIS provided an opportunity for the petitioner to submit additional evidence to demonstrate she was well-positioned to advance her endeavor.

RFE Targets
Well-positioned to Advance the Endeavor

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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: 2024-05-30.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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

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