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remanded EB-2 (NIW)

Founder And Chief Executive Officer

Transportation And Logistics · 2024-09-09

Decision Date
2024-09-09
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's proposed endeavor is to continue working toward the projected expansion of their transportation and logistics company, using technology and sustainability.

Framework Evaluation

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

The AAO concurred with the Director on substantial merit but did not concur on national importance, though it did not fully address the latter due to the remand.

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

The Director's finding that this prong was unmet was withdrawn by the AAO due to a factual error in not considering submitted evidence. The matter was remanded for reassessment.

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

The Director's finding that this prong was unmet was withdrawn by the AAO due to inconsistent findings. The matter was remanded for reassessment.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded due to factual errors and inconsistencies. For Prong 2, the Director failed to consider evidence like educational records, a resume, and letters of recommendation. For Prong 3, the Director's findings were inconsistent, acknowledging substantial merit and national importance while denying widespread benefits. The petitioner's company has created 100 jobs.

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Commercial Success
Educational Records
Resume
Personal Statement
Business Plan
Financial Documents

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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: 2024-09-09.

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At a Glance

Outcome remanded
Criteria Met 0 / 3
Evidence Types 8

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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