Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Biotechnology (2024): the Director's decision contained contradictory conclusions

๐Ÿ“… 2024-07-30 ๐Ÿ‘ค Individual ๐Ÿ“‚ Biotechnology

Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on โ€” free strategy preview.

Get Your Free Strategy Preview โ†’

Decision Summary

The appeal was remanded because the Director's decision contained contradictory conclusions regarding the basis for the Petitioner's EB-2 classification. The Director's RFE concluded the Petitioner qualified as an advanced degree professional, but the final denial decision stated they qualified based on exceptional ability. The AAO remanded the case for the Director to properly substantiate the basis for the Petitioner's eligibility for the underlying EB-2 immigrant category.

See how a decision like this gets cited in an EB-2 NIW petition →

Criteria Discussed

Advanced Degree Professional Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance Proposed Endeavor Balance Of Factors Test
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Filing your own EB-2 NIW? See where you stand.

Upload your CV and see how your profile maps to USCIS criteria โ€” free strategy preview, no credit card.

Map Your CV to These Criteria โ†’

No credit card required.