Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Accounting (2023): the Director's denial was procedurally deficient

๐Ÿ“… 2023-12-26 ๐Ÿ‘ค Individual ๐Ÿ“‚ Accounting

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Decision Summary

The appeal was remanded because the Director's denial was procedurally deficient. The Director failed to determine the petitioner's underlying EB-2 eligibility and did not analyze the 'substantial merit and national importance' prong of the national interest waiver framework. Additionally, the Director applied an incorrect legal standard when evaluating whether the petitioner was 'well positioned to advance the proposed endeavor'.

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Criteria Discussed

Advanced Degree Professional Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Benefit To The U.S. On Balance
๐Ÿ“„ Original decision (USCIS PDF)

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