remanded EB-2 (NIW)

Sales Operations Manager

Sales Operations · 2024-11-06

Decision Date
2024-11-06
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 seeks an employment-based second preference (EB-2) immigrant classification and a national interest waiver of the job offer requirement. The specific nature of the proposed endeavor itself is not detailed beyond the general context of the petitioner's role as a sales operations manager.

Why This Petition Was Remanded

The Director denied the petition solely because the evidence did not establish the petitioner as an advanced degree professional, without addressing the claim of exceptional ability or the merits of the national interest waiver under the Dhanasar framework. The Administrative Appeals Office (AAO) remanded the case because the Director's decision did not reflect sufficient consideration of the petitioner's eligibility claims and related documents, specifically failing to address the asserted EB-2 classification based on exceptional ability and the Dhanasar prongs.

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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: 2024-11-06.

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At a Glance

Outcome remanded

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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