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remanded EB-2 (NIW) RFE Issued

Supply Chain Researcher

Supply Chain · 2024-09-30

Decision Date
2024-09-30
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 investigate and develop a model at the intersection of public policy and supply chain management. This endeavor aims to analyze how public policy influences supply chain operations and to create a framework for better management.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found the substantial merit established but not the national importance, with the AAO noting inconsistent analysis and unrelated references in the Director's decision.

2 The individual is well positioned to advance their proposed endeavor Not Met

The Director found this prong unmet, applying inappropriate standards and failing to consider relevant evidence like publication/citation history and independent recommendation letters, leading to AAO remand.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director found this prong unmet, referencing unrelated documents in the balancing analysis, which the AAO deemed an inadequate explanation for denial.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded because it did not adequately address the submitted evidence or properly apply the analysis set forth in Dhanasar, and therefore did not sufficiently explain the reasons for denial. Specifically, the Director's analysis for Prong 1 (national importance) was inconsistent and referenced unrelated documents. For Prong 2 (well-positioned), the Director applied inappropriate standards and failed to consider all relevant evidence, including publication/citation history and independent recommendation letters. For Prong 3 (national benefit of waiver), the Director again referenced unrelated documents.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE initially indicated that the petitioner established the national importance of the proposed endeavor. However, the Director's subsequent denial contradicted this, concluding that national importance was not established, without a proper explanation or consistent analysis.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Reference Letters Dependent

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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: 2024-09-30.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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