remanded
EB-2 NIW
remanded EB-2 NIW Case: 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.
Criteria Discussed
Exceptional Ability Substantial Merit And National Importance Well Positioned To Advance Proposed Endeavor Beneficial To Waive Job Offer Requirement
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