Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Commercial Pilot (2023): the Director's denial was flawed

๐Ÿ“… 2023-05-10 ๐Ÿ‘ค Individual ๐Ÿ“‚ Commercial Pilot

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Decision Summary

The appeal was remanded because the Director's denial was flawed. The Director failed to properly analyze the evidence for the substantial merit and national importance prong and based the analysis for the 'well positioned' prong on facts not in the record, such as referencing a non-existent research plan and inapplicable funding requirements. The case was sent back for a new decision based on a correct analysis of the evidence.

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Criteria Discussed

Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance Proposed Endeavor Beneficial To Waive Job Offer Requirement
๐Ÿ“„ Original decision (USCIS PDF)

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