Visalytics
Visalytics
remanded EB-2 (NIW)

Researcher

Nutrition ยท 2024-11-22

Decision Date
2024-11-22
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's proposed endeavor is to work as a Researcher in the field of Nutrition. The specific research area, methodologies, and intended impact are not detailed in the provided text.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director found the endeavor had substantial merit but lacked national importance, providing insufficient analysis or discussion of evidence, particularly regarding broader implications beyond economic impact.

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

The Director concluded the petitioner was not well-positioned, and the AAO could not meaningfully review this prong due to an incomplete appellate record, specifically missing exhibits related to the petitioner's past work.

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

The Director concluded that waiving the job offer would not benefit the U.S., and the AAO was unable to review this prong due to the deficiencies in the analysis and record for the first two prongs.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) remanded the case because the Director's decision lacked analysis and discussion of the evidence, reached conclusory findings, and the appellate record was incomplete (Exhibits 8-29 were missing). The Director failed to adequately explain the rationale for denying the national interest waiver, particularly regarding the national importance of the endeavor and the petitioner's position to advance it.

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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: 2024-11-22.

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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

Related Pages

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

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