remanded EB-2 NIW Case: Business And Nonprofit
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Decision Summary
The appeal was remanded because the Director denied the petition based on the petitioner's failure to qualify as a member of the professions holding an advanced degree, but failed to address the petitioner's alternate claim of eligibility as an individual of exceptional ability. The AAO determined that the Director should have provided the petitioner an opportunity to establish eligibility under the exceptional ability criteria and must now adjudicate that claim.
Criteria Discussed
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