remanded
EB-2 NIW
remanded EB-2 NIW Case: Commercial Aviation
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Decision Summary
The appeal was remanded because the Director's decision lacked a complete and accurate analysis. The AAO found that the Director failed to conduct a proper final merits determination for the 'exceptional ability' claim. Additionally, the petitioner improperly made a material change to their proposed endeavor in response to an RFE, shifting from being an employee pilot to owning a flight academy, which is not permissible.
Criteria Discussed
Exceptional Ability Academic Record 10 Years Of Experience License Or Certification Membership In Professional Associations Final Merits Determination Substantial Merit And National Importance Well-Positioned To Advance The Endeavor Balance Of Factors Favors Waiver
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