remanded EB-2 (NIW) RFE Issued
Postsecondary Education Teacher
Postsecondary Education Teacher ยท 2022-10-13
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 work as a postsecondary education teacher, specifically focusing on mathematics education.
Why This Petition Was Remanded
The appeal was remanded because the Director failed to properly determine if the Petitioner met the threshold EB-2 requirements for an advanced degree (requiring a bachelor's plus five years of progressive experience) or exceptional ability. The AAO noted deficiencies in the evidence regarding the full-time nature of previous employment and the relevance of subjects taught to the specialty of mathematics.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE addressed the Petitioner's qualifications for the underlying EB-2 classification, but the Director applied the wrong legal standard regarding the equivalent of an advanced degree.
Evidence
Evidence Types
Reference Letters Dependent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-10-13.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Evidence Types 1
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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