remanded
EB-1A
remanded EB-1A Case: Academic Research
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Decision Summary
The appeal was remanded because the director made a procedural error by evaluating the petition under the wrong legal standard. The petitioner filed for an alien of extraordinary ability (EB-1A), but the director incorrectly applied the criteria for an outstanding professor or researcher (EB-1B). Additionally, the director issued the denial before the petitioner's time to respond to a Request for Evidence (RFE) had expired.
Criteria Discussed
Application Of Correct Evidentiary Standard Distinction Between Extraordinary Ability (Eb-1A) And Outstanding Professor/Researcher (Eb-1B) Criteria
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