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remanded EB-2 (NIW) RFE Issued

Senior Modeling And Simulation Engineer

Power Systems Based On Advanced Thermodynamics, Rotary Engine Technology, And Integrated Hybrid Electric Platforms For Military Applications ยท 2025-03-20

Decision Date
2025-03-20
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 Beneficiary proposes to develop novel heavy-fuel and hybrid engines for military applications, covering the entire process from conceptualization to production. This work involves advanced thermodynamics, rotary engine technology, and integrated hybrid electric platforms.

Framework Evaluation

1 of 3 criteria met
1 Individual is well-positioned to advance the proposed endeavor Met

The Director determined that the Beneficiary is well-positioned to advance the proposed endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit but concluded that national importance was not established, particularly regarding potential economic effects or employment of U.S. workers.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the evidence did not establish that, on balance, waiving the job offer requirement would benefit the United States, without acknowledging or analyzing the petitioner's evidence.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded because it did not properly analyze the evidence submitted, contained factual errors (e.g., misstating the proposed endeavor and petitioner's claims), and failed to sufficiently explain the reasons for denial. Specifically, the Director did not acknowledge or analyze evidence related to national importance (Prong 1) and the benefit of waiving the job offer (Prong 3).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the endeavor and the benefit of waiving the job offer and labor certification. The petitioner responded with evidence including contract awards with the U.S. Department of Defense, a supplemental letter, and documentation of publications and presentations, but the Director's review of this evidence was deemed inaccurate and incomplete.

RFE Targets
Proposed endeavor has both substantial merit and national importanceOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Peer Reviewed Publications
Conference Presentations
Grants
Government Alignment

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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: 2025-03-20.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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