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remanded EB-2 (NIW)

Entrepreneur In The Field Of Trucking

Trucking · 2024-08-05

Decision Date
2024-08-05
Location
Pennsylvania
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 own and operate a cargo trucking company, which will provide transportation of materials, equipment, and goods to businesses operating in various industries in the United States.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director incorrectly identified the proposed endeavor as an airline pilot and determined it lacked substantial merit and national importance. The AAO noted the Director did not discuss the actual proposed endeavor as an entrepreneur in trucking, nor did it consider evidence like the expert opinion letter and business plan for this prong.

2 Petitioner is well positioned to advance the proposed endeavor Not Met

The Director acknowledged academic credentials, certificates, and a job offer letter (though the AAO later clarified no job offer letter was in the record) but failed to explain why this evidence was insufficient to demonstrate the petitioner is well-positioned.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director found insufficient evidence to demonstrate that the proposed endeavor would benefit the United States, but failed to explain what evidence was considered for this determination.

Why This Petition Was Remanded

The Director's decision was withdrawn and remanded because it failed to properly identify the petitioner's proposed endeavor (mistakenly identifying it as an airline pilot instead of trucking entrepreneur) and did not adequately explain the reasons for denial. The Director's analysis of the Dhanasar prongs was found to be insufficient, lacking detailed discussion of the submitted evidence, including academic credentials, certificates, a business plan, and an expert opinion letter. The AAO found the Director did not articulate specific reasons for concluding the petitioner failed to demonstrate qualification for exceptional ability classification or national interest waiver.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Original Contributions
Commercial Success

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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: 2024-08-05.

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At a Glance

Outcome remanded
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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