remanded
EB-2 NIW
remanded EB-2 NIW Case: 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'.
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
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