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remanded EB-2 (NIW) RFE Issued

Researcher

Research · 2024-02-27

Decision Date
2024-02-27
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 engage in research activities. While the specific field of research is not detailed in the appellate decision, the petitioner clarified on appeal that the work entails research rather than teaching.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Director found this prong not met, but the AAO withdrew this finding due to insufficient analysis and a failure to address substantial merit.

Why This Petition Was Remanded

The appeal was remanded because the original decision lacked specific legal and factual analysis of the evidence. The Director failed to explain why the evidence was insufficient for the first Dhanasar prong and did not address the 'substantial merit' component or the third prong balancing test.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to an RFE with evidence that the Director subsequently found insufficient without providing a detailed explanation.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications

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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: 2024-02-27.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
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

Related Pages

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

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