remanded
EB-2 NIW
remanded EB-2 NIW Case: Culinary Arts
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Decision Summary
The appeal was remanded because the Director's denial was procedurally deficient. The Director failed to first make a determination on the petitioner's underlying eligibility as an individual of exceptional ability before analyzing the national interest waiver criteria. The AAO sent the case back for a proper, step-by-step analysis of both the exceptional ability and the NIW requirements.
Criteria Discussed
Exceptional Ability - Ten Years Experience Exceptional Ability - Membership In Professional Associations Exceptional Ability - Recognition For Achievements Niw - Substantial Merit And National Importance Niw - Well-Positioned To Advance Niw - Balance Of Factors
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