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remanded EB-2 (NIW) RFE Issued

Chef And Entrepreneur

Restaurant Industry · 2024-05-22

Decision Date
2024-05-22
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 as a chef and entrepreneur within the restaurant industry, focusing on the management and culinary operations of his own restaurant business.

Framework Evaluation

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

The Director found substantial merit but concluded there was no national importance; the AAO found this analysis deficient.

2 Well-positioned to Advance the Endeavor Not Met

The Director concluded the petitioner was not well-positioned, though the AAO noted an inconsistency with the prior RFE.

3 Waiver of Job Offer and Labor Certification Not Met

The Director failed to discuss the evidence or factors required for the balancing test.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to analyze whether the Petitioner qualified as an individual of exceptional ability and provided inadequate analysis for the three Dhanasar prongs. Specifically, the Director's decision contained inconsistencies regarding prong two and lacked a detailed evaluation of the evidence for national importance and the balancing test.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the Dhanasar prongs; however, the final decision failed to adequately analyze the response, leading to a remand.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

Evidence

Evidence Types
Reference Letters Dependent
Awards
Professional Memberships

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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: 2024-05-22.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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