Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Commercial Aviation (2023): the Director's decision lacked a complete and accurate

๐Ÿ“… 2023-11-20 ๐Ÿ‘ค Individual ๐Ÿ“‚ 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.

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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
๐Ÿ“„ Original decision (USCIS PDF)

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