Remanded EB-2 NIW

EB-2 NIW Remanded โ€” Culinary Arts (2024): the Director's denial was procedurally deficient

๐Ÿ“… 2024-05-22 ๐Ÿ‘ค Individual ๐Ÿ“‚ 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.

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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
๐Ÿ“„ Original decision (USCIS PDF)

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