Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Sales Manager

Packaging Industry · 2025-01-17

Decision Date
2025-01-17
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 continue working as a sales manager within the packaging industry for various U.S. companies. The work focuses on five distinct aspects including protecting the environment, providing cost savings in warehouse logistics and supply chain management, and impacting the food, beverage, and cosmetic industries.

Framework Evaluation

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

The Director found substantial merit but denied national importance; however, the AAO found the Director failed to evaluate supplemental evidence regarding environmental and logistics impacts.

2 Well-positioned to Advance the Endeavor Not Met

The Director provided conflicting statements, first stating the petitioner was well-positioned in the RFE but then stating they were not in the denial.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded this was not met solely because prongs one and two were deemed unsatisfied, without performing a proper balancing analysis.

Why This Petition Was Remanded

The AAO remanded the case because the Director failed to adequately address evidence submitted in response to an RFE, including letters of interest and articles on industry impact. Additionally, the Director's decision contained conflicting conclusions regarding whether the petitioner met the second Dhanasar prong (well-positioned). The original decision lacked a proper balancing analysis for the third prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence on national importance and positioning. The petitioner submitted a detailed breakdown of five aspects of the endeavor, but the Director failed to consider this supplemental evidence in the final denial.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent

Similar Cases

Sales Manager

Marketing and Advertising · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-05-15
The petitioner proposes to work as a sales director, directing organization sales teams by setting goals, analyzing data, and developing training programs for sales representatives. The work aims to enable the growth of American companies and fill available positions in the U.S. business field.

Product Manager

Marketing and Advertising

USCIS EB-2 (NIW) rfe dismissed
2023-03-09
The petitioner proposes to work as a product manager, specifically focusing on developing insurance policies for small companies to help them succeed. The work involves leading projects intended to generate company revenue and facilitate the hiring of additional employees.

Operations Manager

Logistics · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2022-02-09
The petitioner proposes to operate a company, V-, providing consulting and services in supply chain management, including the import, export, and distribution of rubber and plastic products (such as hoses and adhesives) between the U.S. and Brazil. The endeavor aims to advise U.S. companies on operational planning and facilitate cross-border projects and international trade.

Marketing Manager

Marketing and Advertising

USCIS EB-2 (NIW) rfe dismissed
2024-12-19
The petitioner proposes to continue working as a marketing manager, providing strategic guidance and direction in marketing, advertising, business management, and marketing analysis to help U.S. businesses improve their strategies and practices. She also mentioned assisting companies adapt to a larger virtual model in light of the COVID-19 pandemic, though this was considered a material change from the initial filing.

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

More remanded cases More Others cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-17.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist