Remanded
EB-2 NIW
EB-2 NIW Remanded — Analytical Chemistry (2005): the petition was intended to be for a National Interest
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Decision Summary
The appeal was remanded because the petition was intended to be for a National Interest Waiver (EB-2 NIW) but was incorrectly filed as an EB-1A petition due to a clerical error. The AAO found that the director erred by denying the petition without first issuing a Request for Evidence (RFE) to clarify the intended classification, especially since multiple documents in the record indicated the petitioner sought an NIW.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Incorrect Form Selection Conflicting Classification Statements Failure To Issue Request For Evidence (Rfe)
📄 Original decision (USCIS PDF)
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