EB-1B Remanded — Immunology And Infectious Diseases (2023): the Director denied the petition solely on the basis that

Decision Summary

The Director denied the petition solely on the basis that the Beneficiary was not offered a tenured or tenure-track position. The AAO found this was an error, as the Director failed to consider whether the offer qualified as a 'permanent research position' under the regulations. The case was remanded for the Director to properly evaluate the job offer and then determine if the Beneficiary meets the other evidentiary requirements for the classification.

Criteria Discussed

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