remanded EB-2 (NIW) RFE Issued
Music Producer
Movie And Television Sound Production Business · 2024-08-29
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 initially denied the petition because the Petitioner failed to demonstrate compliance with 20 C.F.R. § 656.10(d) regarding job posting notice requirements. The AAO, upon de novo review, found that the Petitioner did establish compliance with these requirements, citing evidence of physical posting in the kitchen area and electronic posting on Slack. The AAO withdrew the Director's decision and remanded the case for evaluation of the beneficiary's exceptional ability criteria (20 C.F.R. § 656.15(d)(2)) and the petitioner's ability to pay the proffered wage, which the Director had not previously reviewed.
Request for Evidence (RFE)
Successfully AddressedThe RFE requested evidence that the notice of filing was clearly visible and unobstructed, and that it was posted to the Petitioner's in-house media. The Petitioner responded by submitting a letter from its owner, photos of the notice posted in the office kitchen, evidence of the notice being posted on Slack, and statements from three employees confirming they saw the notice.
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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: 2024-08-29.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
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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