The Administrative Appeals Office (AAO) has recently remanded three EB-2 National Interest Waiver (NIW) cases, highlighting significant errors in the U.S. Citizenship and Immigration Services (USCIS) denial decisions. Attorney Robert Webber noted that while appeals to the AAO are often viewed as unproductive, these cases demonstrate that the AAO can recognize and correct blatant mistakes made by USCIS.
Key Details:
- Three EB-2 NIW cases were remanded by the AAO due to errors in USCIS’s denial decisions.
- Case #1: USCIS used the incorrect analytical framework for evaluation.
- Case #2: USCIS referenced a different individual in the denial analysis.
- Case #3: USCIS denied the case based solely on an alleged signature issue, neglecting to review the merits.
These remands indicate that while the AAO is generally seen as unhelpful, it can acknowledge clear errors in USCIS decisions. This situation raises concerns about the additional costs incurred by clients for appeals in cases where USCIS has clearly erred. The outcomes may encourage affected immigrants to consider their options for appealing USCIS decisions more seriously.
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Source: Robert Webber