remanded
EB-2 NIW
remanded EB-2 NIW Case: Analytical Chemistry
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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.
Criteria Discussed
Incorrect Form Selection Conflicting Classification Statements Failure To Issue Request For Evidence (Rfe)
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