remanded
EB-2 NIW
remanded EB-2 NIW Case: Civil Engineering
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Decision Summary
The appeal was remanded due to a procedural error. The Director's denial was based on the petitioner failing to establish the 'national importance' of their endeavor, which contradicted a prior Request for Evidence (RFE) that stated this prong had been met. This discrepancy did not give the petitioner a fair opportunity to address the alleged deficiency, so the case was sent back for a new decision considering all evidence and arguments.
Criteria Discussed
Substantial Merit And National Importance Well-Positioned To Advance The Proposed Endeavor Benefit To The United States On Balance
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