remanded EB-2 (NIW)
Others
Others ยท 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.
Why This Petition Was Remanded
The Director's decision is withdrawn and the matter is remanded because the Director only adjudicated the Petitioner's motion to reconsider, failing to also consider the Petitioner's combined motion to reopen.
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USCIS EB-2 (NIW) remanded
2025-01-22
The AAO found that the Director's decision to dismiss the petitioner's motion to reopen and motion to reconsider as untimely was incorrect. The motions were filed 32 days after the Director's decision, which was within the 33-day window allowed when the decision is served by mail. Therefore, the AAO withdrew the Director's decision and remanded the case for a new decision consistent with this analysis, specifically for the Director to adjudicate the motions on their merits.
Others
Others
USCIS EB-2 (NIW) remanded
2024-05-21
The specific details of the proposed endeavor are not described in the decision text, as the appeal focused on the procedural dismissal of motions to reopen and reconsider.
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Unknown Industry
USCIS EB-2 (NIW) rfe dismissed
2024-08-27
The appeal was dismissed because the Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework. The motion to reopen was dismissed as no new facts supported by documentary evidence were presented. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, or that the decision was incorrect based on the evidence in the record at the time.
Others
Others
USCIS EB-2 (NIW) dismissed
2025-02-20
The motions to reopen and reconsider were dismissed because the Petitioner failed to meet the regulatory requirements. For the motion to reopen, no new facts supported by documentary evidence were presented that were material to the issues raised on motion and not previously submitted. For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy or that the decision was incorrect based on the evidence in the record at the time of that decision.
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.
Browse all casesAt a Glance
Outcome remanded
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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