remanded EB-2 (NIW) RFE Issued
Big Data Engineer
Professional Staffing Agency · 2024-05-23
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, a professional staffing agency, seeks to permanently employ the Beneficiary as a 'big data' engineer. The Beneficiary is intended to work on client sites or remotely in Florida, performing duties associated with big data engineering.
Why This Petition Was Remanded
The appeal was remanded because while the petitioner proved the ability to pay (gross receipts of $577 million) and the job's advanced degree requirement, they failed to provide evidence of the beneficiary's intended duties and worksite beyond April 2024. The AAO withdrew the Director's decision to allow for further evidence regarding the long-term intent to employ.
Evidence
Evidence Types
Reference Letters Dependent
Similar Cases
Software Engineer
Software
USCIS EB-2 (NIW) rfe dismissed
Nebraska 2022-08-23
The Beneficiary is intended to be employed as a Senior Software Engineer, focusing on software engineering duties including technical development and potentially software architecture within the petitioner's organization.
Software Engineer
Information Technology · India
USCIS EB-2 (NIW) rfe dismissed
Texas 2023-09-18
The Beneficiary is intended to be employed as a senior Java software engineer for an IT consulting firm. The role involves design, development, testing, and implementation in MVC architecture using J2EE, JSP, JDBC, OOA/OOD, Rational Rose, XML, and deploying EJBs on Weblogic/Websphere application servers.
Network Engineer
Software
USCIS EB-2 (NIW) rfe dismissed
2024-09-04
The AAO dismissed the appeal as moot because the Petitioner had submitted a request to withdraw the petition prior to a final decision being issued, and the AAO accepted this request. Additionally, the AAO withdrew the Director's finding of willful misrepresentation against the Petitioner, concluding that the Director's NOIR and NOR were deficient as they did not sufficiently explain the alleged misrepresentation or identify which specific documents were not legitimate.
Software Engineer
Information Technology
USCIS EB-2 (NIW) dismissed
2022-07-06
The Beneficiary seeks to be employed as a software engineer. The role requires 60 months of post-baccalaureate experience in the job offered or in a mid to senior IT profession.
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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-23.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Evidence Types 1
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist