Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Ballet (2022): the Director denied the petition based on the national

๐Ÿ“… 2022-06-17 ๐Ÿ‘ค Individual ๐Ÿ“‚ Ballet

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Decision Summary

The appeal was remanded because the Director denied the petition based on the national interest waiver prongs without first making a determination on the petitioner's underlying eligibility for the EB-2 classification as an individual of exceptional ability. The AAO sent the case back for the Director to properly analyze this threshold issue, highlighting inconsistencies in the evidence provided for the 'ten years of full-time experience' criterion.

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Criteria Discussed

Exceptional Ability Ten Years Of Full-Time Experience Proposed Endeavor Has Substantial Merit And National Importance Well Positioned To Advance The Proposed Endeavor Beneficial To The U.S. To Waive The Job Offer
๐Ÿ“„ Original decision (USCIS PDF)

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