remanded EB-2 (NIW) RFE Issued
Computer Systems Analyst
Software Development And Consulting Services · India · 2023-06-05
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 proposes to work as a computer systems analyst for a provider of software development and consulting services.
Why This Petition Was Remanded
The AAO withdrew the finding of willful misrepresentation, noting that job titles are immaterial if job duties match. However, the Petitioner failed to provide letters from former employers describing the Beneficiary's experience as required by 8 C.F.R. § 204.5(g)(1), and the Director failed to issue a notice regarding these specific deficiencies.
Request for Evidence (RFE)
Successfully AddressedThe NOID targeted inconsistencies in job titles and supervisor names; the Petitioner provided evidence of multiple supervisors and argued the materiality of job duties over titles.
RFE Targets
evidence authenticity
Evidence
Evidence Types
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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-06-05.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
Evidence Types 1
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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