How common are remanded EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the accounting, auditing, tax and consulting firm industry affect EB-2 NIW petition outcomes?

The accounting, auditing, tax and consulting firm sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

remanded EB-2 (NIW) RFE Issued

Advisory Senior Manager

Accounting, Auditing, Tax And Consulting Firm · India · 2025-01-14

Decision Date

2025-01-14

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 Beneficiary is intended to work as an advisory senior manager for an accounting and consulting firm. The role involves providing supervision and guidance to engagement teams tasked with performing accounting and internal control audits.

Why This Petition Was Remanded

The appeal was remanded because the record did not demonstrate the Beneficiary holds a single-source foreign equivalent degree to a U.S. baccalaureate followed by five years of experience. Additionally, the Director must determine if experience gained at the petitioning firm was in a 'substantially comparable' role, which would disqualify it from meeting the labor certification requirements.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested clarification on the discrepancy between the job titles on the I-140 and the ETA Form 9089. The Petitioner provided a comparison chart showing the roles were 100% identical for 8 out of 10 duties.

Evidence

Evidence Types

Original Contributions

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-14.

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At a Glance

Outcome remanded

RFE Issued

Evidence Types 2

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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