remanded EB-2 NIW Case: Analytical Chemistry
Decision Summary
The director denied the petition because the petitioner, a Ph.D. candidate, did not possess a doctorate, which the director erroneously concluded was required in the field. The AAO found that the petitioner's Master's degree qualified them as an advanced degree professional and that the lack of a Ph.D. is not, by itself, a valid reason for denying a national interest waiver. The case was remanded for the director to properly evaluate the petitioner's past record and achievements against the three prongs of the national interest test.
Criteria Discussed
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