remanded
EB-2 NIW
remanded EB-2 NIW Case: Business Administration
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Decision Summary
The appeal was remanded because the Director failed to first determine the petitioner's eligibility for the underlying EB-2 classification (either as a member of the professions holding an advanced degree or as an individual of exceptional ability) before analyzing the national interest waiver criteria. The AAO found the Director's decision insufficient for review and sent the matter back for a new determination on the petitioner's basic eligibility.
Criteria Discussed
Advanced Degree Exceptional Ability National Interest Waiver (Dhanasar)
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