remanded EB-2 NIW Case: Biotechnology
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Decision Summary
The appeal was remanded because the Director incorrectly analyzed the petition under the Matter of Dhanasar framework. The Director conflated the 'substantial merit' and 'national importance' prongs and improperly concluded that an endeavor pursued at a private company could not be of national importance. The AAO instructed the Director to re-examine the evidence using the correct legal standards.
Criteria Discussed
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