remanded EB-2 (NIW)
Others
Others · 2024-05-21
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 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.
Why This Petition Was Remanded
The AAO withdrew the Director's decision because the Director failed to provide a reasoned explanation or acknowledge new evidence in the dismissal of the Petitioner's motions to reopen and reconsider. The Director incorrectly implied a motion to reconsider must be supported by new facts and failed to address the merits of the Petitioner's arguments regarding EB-2 qualification and the Dhanasar framework.
Similar Cases
Others
Others
USCIS EB-2 (NIW) dismissed
2024-07-01
The document does not specify the petitioner's proposed endeavor, as the appeal and motions focused on the threshold eligibility for EB-2 classification rather than the merits of the work itself.
Others
Others
USCIS EB-2 (NIW) dismissed
Not stated 2024-05-28
The document does not describe the specific proposed endeavor, as the appeal was dismissed on procedural grounds and failure to establish the underlying EB-2 classification eligibility.
Others
Others
USCIS EB-2 (NIW) dismissed
2024-07-03
The document does not provide details regarding the specific nature of the petitioner's proposed work, as it focuses on the procedural dismissal of a fourth motion to reopen and reconsider.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-21.
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
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist