remanded EB-2 (NIW) RFE Issued
Sound Engineer Technician
Sound Engineer Technician · 2024-08-05
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.
Why This Petition Was Remanded
The Director denied the petition because the Petitioner did not establish eligibility for the underlying EB-2 classification, specifically failing to meet at least three of the six criteria for exceptional ability and stating no evidence of an advanced degree was submitted. The Director also dismissed the combined motions to reopen and reconsider, citing a lack of new evidence for the motion to reopen and failure to state specific errors for the motion to reconsider. The AAO found the Director erred by overlooking two new pieces of evidence (professional association memberships) submitted with the motion to reopen and by failing to consider evidence related to an advanced degree, thus remanding the case for further review.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued an RFE concerning the Petitioner's eligibility for the EB-2 classification, particularly regarding the criteria for exceptional ability. The Petitioner submitted evidence in response, but the Director found only two criteria were met. In the subsequent motion to reopen, the Director claimed no new evidence was provided, but the AAO identified that new evidence (two professional association memberships) was indeed submitted and overlooked.
Evidence
Evidence Types
Professional Memberships
Academic Records
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-05.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Evidence Types 2
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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