dismissed EB-2 Case: Materials Engineering
Decision Summary
The motion was granted to review new evidence, but the prior decision to deny the petition was ultimately affirmed. The petitioner failed to demonstrate that the beneficiary meets the Department of Labor's strict standard for Schedule A, Group II exceptional ability, which requires 'widespread acclaim and international recognition.' The petitioner incorrectly argued that a prior AAO finding of exceptional ability under the less stringent USCIS standard was sufficient, but the AAO clarified it had explicitly remanded the case for a determination under the distinct and more demanding DOL standard.
Criteria Discussed
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