Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Business Administration (2022): the Director failed to first determine if the petitioner

๐Ÿ“… 2022-10-31 ๐Ÿ‘ค Individual ๐Ÿ“‚ Business Administration

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Decision Summary

The appeal was remanded because the Director failed to first determine if the petitioner qualified for the underlying EB-2 classification (as an advanced degree professional or individual of exceptional ability) before analyzing the national interest waiver criteria. The AAO found the record insufficient for review, noting discrepancies in the petitioner's academic credentials, which were in a field dissimilar to the proposed endeavor, and unresolved questions regarding her progressive work experience.

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Criteria Discussed

Advanced Degree Exceptional Ability Progressive Experience Dhanasar Framework
๐Ÿ“„ Original decision (USCIS PDF)

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