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remanded EB-2 (NIW) RFE Issued

Entrepreneur In The Restaurant Industry

Restaurant Industry · 2023-10-11

Decision Date
2023-10-11
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 operate and expand a restaurant business. The endeavor involves executing a business plan that includes hiring workers and seeking investment to impact the industry and immigrant entrepreneurship.

Framework Evaluation

2 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined that the Petitioner established he is well-positioned to advance the proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The Director conceded substantial merit but found no national importance; the AAO found this analysis insufficient.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the record did not establish that waiving the job offer would benefit the U.S., though the AAO noted the Director ignored evidence of job creation.

Why This Petition Was Remanded

The appeal was remanded because the Director's decision lacked sufficient analysis of the evidence, including nine recommendation letters, business plans, and financial results. The AAO found the Director's evaluation of national importance and the balancing test to be conclusory and contrary to the record evidence regarding investor interest and job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish national importance and the balancing test. The petitioner provided financial results, an expert opinion, and updated business plans.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions

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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: 2023-10-11.

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At a Glance

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

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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