remanded
EB-2 NIW
remanded EB-2 NIW Case: Analytical Chemistry
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Decision Summary
The petition was remanded because the director improperly denied it as an EB-1A petition without first issuing a Request for Evidence (RFE). Although the petitioner's counsel made conflicting statements, significant parts of the record indicated the petitioner intended to file under the EB-2 National Interest Waiver category, and the director should have sought clarification before making a decision.
Criteria Discussed
Clerical Error On Form I-140 Intended Visa Classification Failure To Issue Request For Evidence (Rfe)
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